Bondelmonte and Bondelmonte (No 5)

In *Bondelmonte and Bondelmonte (No 5)*, the wife sought an order that the husband pay her costs on an indemnity basis concerning proceedings she initiated for the return of the parties' two eldest children to Australia.

The central legal issue before the court was whether the wife was entitled to an order for indemnity costs, or if a party/party costs order was more appropriate.

His Honour Watts J determined that a party/party costs order was appropriate. The court ordered that the husband pay the wife’s costs on a party/party basis in relation to the proceedings initiated by the wife's application filed on 10 February 2016 and concluded on 8 March 2016, which sought orders for the return of the two eldest children to Australia. These costs are to be as agreed or assessed.