The issue of costs in financial remedy proceedings on divorce is a hot topic of discussion. Increasingly, the judicial commentary is one of exorbitant costs in cases where parties have litigated unnecessarily and unreasonably only to end up with more liabilities than assets to share. So, how did we get here? This article seeks to explore the trends and history of costs in family proceedings and the expanding definition of litigation conduct. From the infamous commentary in OG v AG to the more recent cases, it is clearly time to stop and examine costs in family proceedings. Looking to the future, is there a case for a return of Calderbank or should the pressure be applied as early as the First Appointment?
The full article will be published in the November issue of Family Law.
Read the full article here.