ELDEN & JACOBS (No.2)

In the matter of *Elden & Jacobs (No.2)*, Tonkin J of the Family Court of Australia considered an application for costs following the wife's discontinuance of her proceedings seeking an adjustment of property interests and leave to extend time. The husband sought costs on an indemnity basis.

The central legal issue before the court was whether there were justifying circumstances to warrant a costs order against the wife, and specifically, whether those circumstances justified an order for costs on an indemnity basis.

Tonkin J determined that justifying circumstances did exist for making a costs order. While the judgment does not detail the specific reasoning for the indemnity basis, the court ultimately ordered the wife to pay the husband's costs, fixed in the sum of $25,000. The wife was also granted liberty to collect her personal property from the Suburb LL property, accompanied by police, within 28 days of the orders. The husband retained liberty to relist the matter if the keys and remote controls to the property were not returned.