Natale v Brown as Executor of Estate of Edward Natale

[2025] WASC 492

Supreme Court of Western Australia

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Interrogate

Catchwords

1. Succession
2. › Wills
3. › Family provision
4. › Costs of application
5. › Principles governing costs in Family Provision Act applications
6. › Costs follow the event subject to discretion
7. › Effect of Calderbank offer
8. › Family Provision Act 1972 (WA), s 14(6)
1. Practice and Procedure
2. › Costs
3. › Calderbank offers
4. › Rejection of offer more favourable than judgment
5. › Whether rejection unreasonable
6. › Costs consequences of unreasonable rejection
1. Practice and Procedure
2. › Costs
3. › Litigant in person
4. › Whether costs of legal practitioners not on the record recoverable
5. › Whether such costs recoverable as disbursements
6. › Rules of the Supreme Court 1971 (WA), O 66 r 19, r 32
1. Practice and Procedure
2. › Mediation
3. › Privilege
4. › Admissibility of evidence of mediation communications on costs application
5. › Whether rules of court provide for admissibility
6. › Supreme Court Act 1935 (WA), s 71

Quick Take

A litigant in person cannot recover as costs or disbursements the fees paid to legal practitioners who were not on the record in the proceedings, as there is no principled basis to extend the costs power to off-record advisers and allowing such recovery as disbursements would circumvent the detailed taxation regime.