In the Northern Territory, costs in family provision cases depend on the 'overall justice of the case' rather than the usual rule that costs follow the event. The general rule for unsuccessful family provision applications is that no order as to costs will be made. The court retains an unfettered discretion, and relevant factors include whether the application had reasonable prospects of success, the size of the estate, and the financial position of the applicant. Positions reached at a settlement conference do not carry the same costs consequences as formal offers or Calderbank offers.
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