Adami and Adami (No 2)

In *Adami and Adami (No 2)*, Berman J considered applications by the wife for costs in relation to two interim applications, and for indemnity costs due to the husband's alleged non-disclosure of a Deed of Release. The husband contended that the wife's applications were out of time. The wife also sought to discharge an order for spousal maintenance arrears, and the husband sought to vary an order requiring him to transfer his interest in a property to the wife, arguing the wife had defaulted and the property should be sold. The wife, in turn, sought a variation to extend the time for compliance with this order.

The court was required to determine whether the wife's applications for costs were still live, given that final orders had been made. It also had to consider whether the husband's conduct warranted an extension of time for the wife to seek indemnity costs, and whether the circumstances justified such an order. Furthermore, the court needed to decide if it had the power to reopen proceedings to discharge the spousal maintenance arrears order, and whether the property transfer order was substantive or merely machinery, and if a variation to extend the time for compliance was appropriate, particularly in the absence of prejudice to the husband.

Berman J found that the husband was not wholly unsuccessful, which impacted the wife's cost applications. The court determined it was not in a position to reopen the proceedings to discharge the spousal maintenance arrears. Regarding the property transfer, the court considered the order to be machinery rather than substantive, and that there was no prejudice to the husband in extending the time for compliance. Consequently, the court varied the order to extend the time for the wife to deal with the mortgage.

The court ordered that the wife receive a further sum of $7,985 in addition to amounts previously provided for. Order 1(a) of the previous orders was varied to extend the time for the wife to cause the discharge, refinance, or variation of the loan to the Commonwealth Bank of Australia, by replacing "sixty (60) days" with "sixty (60) days from 2 November 2020". The interim proceedings were otherwise dismissed.