Remember to make offers: NSW case

Remember to make offers: NSW case

When property settlement proceedings are under way, most people make offers to settle because:

  • if you can settle a matter, save a bundle on legal fees and get out- you are ahead;
  • if you make an offer and do better than the offer at trial, then you might be able to get an order for costs in your favour, which should reduce some of the costs that you would otherwise have to pay.

There is then an incentive both to make offers to settle, and to consider very carefully any offers that are made.

In the recent New South Wales District Court case of Henriques v Fernandez, the court was considering a property settlement application under the Property Relationships Act. The court made an order in favour of the former de facto wife, the plaintiff. District Court Judge Johnstone held:

In this case it is evident that this plaintiff was required to commence these
proceedings to enforce her entitlement in respect of a division of the
assets. It is clear from the evidence before me, and from what I am told
from the bar table, which I accept, that at no time did the defendant
concede any entitlement on the part of this plaintiff to anything. The
evidence to the contrary is overwhelming and for those reasons it is
appropriate that this plaintiff be awarded costs. Indeed, had there been an offer of compromise, or a Calderbank letter I would have awarded indemnity costs. However, there is not.

(emphasis added)

In other words, if the plaintiff had made an offer to settle, she may have received substantially more in costs than she did.

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

US Birthright Citizenship Challenge: What It Means for Australian Surrogacy Parents

The US Supreme Court has just heard one of the most consequential cases for international surrogacy in decades—and if you’re an Australian intended parent pursuing surrogacy in the United States, this directly affects you. Stephen Page, Director at Page Provan Family & Fertility Lawyers, breaks down what happened at the Supreme Court hearing in March… Read More »US Birthright Citizenship Challenge: What It Means for Australian Surrogacy Parents

WA Surrogacy Law Update: Nobody Knows When it Starts

If you’ve been waiting for Western Australia’s new surrogacy and fertility laws to take effect, you’re not alone—and the honest answer right now is: nobody knows exactly when they will. In this short update, Stephen Page, Director at Page Provan Family & Fertility Lawyers, breaks down where things stand with Western Australia’s Assisted Reproductive Technology… Read More »WA Surrogacy Law Update: Nobody Knows When it Starts

Pride is in the Air: When Pride Met Purpose

Sometimes a moment lands in a way that feels more than coincidental. For Stephen Page, Director at Page Provan Family and Fertility Lawyers, that happened on a Sunday in March after speaking at the Growing Families Conference in Melbourne. The conference focused on surrogacy and donation, the two pillars of modern family building for many… Read More »Pride is in the Air: When Pride Met Purpose

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board