Chiodo and Shaw (No 2)

This matter concerned an application for costs by Ms Shaw against Mr Chiodo following proceedings commenced by Mr Chiodo in the Family Court of Australia. The dispute related to the division of property.

The primary legal issue before the Court was the basis upon which costs should be ordered, specifically whether they should be assessed on a standard or indemnity basis, and the proportion of those costs Mr Chiodo should bear.

Ryan J determined that Mr Chiodo should pay 80 per cent of Ms Shaw's costs. His Honour ordered that these costs be assessed on an indemnity basis, reflecting the Court's view that Mr Chiodo's conduct warranted a departure from the usual order for costs on a standard basis. Interest was also ordered to be paid on the assessed costs.