A Calderbank offer faxed on the Friday before a Tuesday trial, open for acceptance only until 5pm the following Monday, is too late and too brief to justify an indemnity costs order upon non-acceptance, even where the offeror achieves a significantly better result at trial. In assessing leave under s 18(2) of the Property (Relationships) Act 1984 (NSW), the court may have regard to the hardship from failure to obtain the substantive relief claimed, and an inducement by one partner to the other to defer proceedings is a significant factor in the exercise of discretion. Rent-free occupation of the family home by a de facto partner who is the primary caregiver of the parties' child need not be directly offset against the occupying partner's entitlement under s 20.
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