Blakeley and Jaine (No. 4)

In *Blakeley and Jaine (No. 4)*, Wilson J of the Family Court of Australia considered an application by the respondent wife for indemnity costs following the applicant husband's unsuccessful application to stay proceedings.

The central legal issue before the court was whether the husband's stay application was so lacking in merit or so improperly brought as to warrant an order for indemnity costs in favour of the wife.

Wilson J determined that the husband's application for a stay was opportunistic and lacked a proper foundation. Applying the principles governing costs in family law matters, particularly the court's discretion under s 117(2) of the *Family Law Act 1975* (Cth), her Honour found that the circumstances justified an award of indemnity costs. This approach reflects the court's power to depart from the usual order for costs to be assessed on a party-and-party basis when conduct warrants it.

Consequently, the court ordered that the husband pay the wife's costs of and incidental to the stay application, to be assessed on an indemnity basis by a registrar of the court.