Calderbank analysis: Contrasting the English and Australian positions on costs offers

David Hodson and Sarah Basso, of the International Family Law Group LLP, examine the recent Australian decision of Laniga and Carron (No. 2)¹, in which a costs order was made against the husband following the final financial order being more favourable to the wife than various without prejudice offers made by her and rejected by him.

In contrast, an English court would have been unable to take the without prejudice offers into account and therefore would have been unable to make costs order on a similar basis. Had the matter been heard in England, it would have resulted in an unfair costs outcome to the wife who had made reasonable attempts to resolve matters without the need for costly litigation. The arguments for the removal and re-introduction of Calderbank offers are considered in this context.

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