Arman and Arman (No. 3)

In the matter of *Arman and Arman (No. 3)*, Jordan J of the Family Court of Australia considered an application by the Wife concerning costs. The dispute arose in the context of ongoing family law proceedings, specifically relating to the Wife's application filed on 4 December 2008.

The central legal issue before the Court was the basis upon which the Husband should pay the Wife's costs of and incidental to her application. The Wife sought an order that these costs be paid on an indemnity basis.

His Honour ordered that the Husband pay the Wife's costs of and incidental to her application filed on 4 December 2008, including any reserved costs in relation to that application. Crucially, these costs were to be paid on an indemnity basis. The quantum of these indemnity costs was to be determined by agreement between the parties, or failing agreement, by taxation. The payment of these costs was to be effected as an adjustment to and a payment to the Wife from the proceeds of sale of the B Street property, which was to be sold pursuant to earlier orders made by Justice Cronin on 31 October 2008.