In de facto property adjustment proceedings under the Property (Relationships) Act 1984 (NSW), the starting position on costs is that each party bears their own costs, particularly where the adjustment is within the Local Court's jurisdiction. 'Substantial success' requires more than merely obtaining an adjustment; it requires an evaluation showing one party was clearly more successful in light of the forensic and negotiating positions of both parties. Four considerations govern the costs discretion: (1) quantum of the adjustment, (2) analogy with matrimonial and partnership proceedings, (3) whether a party achieved substantial success or bettered an offer, and (4) the conduct of the parties.
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