Galeford & Galeford (No. 3)

In *Galeford & Galeford (No. 3)*, Justice Rose of the Family Court of Australia considered applications by both the wife and the husband concerning the enforcement of previous orders and the assessment of costs. The wife sought to enforce certain orders, while the husband sought costs. The proceedings involved allegations of non-compliance with court orders by both parties.

The central legal issues before the court were whether enforcement orders should be made given the mutual non-compliance by the parties, and the principles governing the exercise of discretion in ordering costs, specifically whether indemnity costs were warranted. The court also had to determine the appropriate method for the husband to recover his costs.

Justice Rose dismissed the wife's application filed on 14 December 2006. The court ordered that the wife pay the husband's costs on a party/party basis for the proceedings determined on 13 July 2007. The husband was permitted to draw $8,500.00 from the parties' funds held by his solicitors for costs, with a further drawing permitted upon agreement or assessment of his total costs. Following payment of his costs, the husband was required to provide a written accounting of the funds to the wife and her solicitors. Liberty was granted to either party to apply for further orders regarding enforcement of the 30 April 2004 orders and costs, upon 14 days' written notice.