In NSW, the usual costs rule (costs follow the event) applies in family provision cases, and the 'overall justice of the case' test does not depart far from this rule. Inequality of testamentary treatment between children, standing alone, does not justify departure from the usual costs order. The former practice of some practitioners that unsuccessful claimants would likely receive costs from the estate is thoroughly discredited. Practitioners must comply with Practice Note SC Eq 7 regarding economy of evidence, and non-compliant affidavits will attract immediate costs orders.
The full text is available to signed-in members, including the 85 later cases that cite this judgment.
1 of the 85 citing cases carry a classified treatment. How each court treated it is available to signed-in members.