Czeb and Czeb (No 2)

In *Czeb and Czeb (No 2)* [2011] FamCA 230, Barry J of the Family Court of Australia considered a costs application by the wife and a related application by the husband concerning an appeal. The wife sought an order for the husband to pay her costs of the property settlement proceedings at a fixed amount of $37,236. The husband, who was incarcerated, was seeking a stay of existing orders and an extension of time to appeal.

The primary legal issues before the court were whether the husband should be ordered to pay the wife's costs on an indemnity basis, and if so, in what amount. Additionally, the court had to determine whether to grant a stay of the property settlement orders and an extension of time for the husband to appeal, and to make consequential orders regarding the rental of a property pending the resolution of the appeal.

His Honour ordered the husband to pay the wife's costs on an indemnity basis in the sum of $37,236, to be deducted from any amount payable to the husband under the property settlement orders. The court also granted a stay of the property settlement orders and other orders, conditional upon the husband's application for an extension of time to appeal being listed for hearing and ultimately successful. Pending the final resolution of the matter, the wife was permitted to rent the subject property, with rental proceeds to be applied first to mortgage instalments and outgoings, and any surplus to be distributed 60% to the wife and 40% to the husband, subject to any order made on appeal. If the extension of time application was unsuccessful, the stay would be lifted, and the costs order would accrue interest and be deducted from amounts payable to the husband.