IMBARDELLI & IMBARDELLI

In this matter before Macmillan J of the Family Court of Australia, the wife sought costs on an indemnity basis in relation to her applications for interim spousal maintenance and to set aside final property orders under s 79A of the *Family Law Act 1975* (Cth). The husband sought the dismissal of the wife's applications.

The central legal issue before the court was whether the wife was entitled to an order for costs on an indemnity basis, or alternatively, what form of costs order was appropriate given the husband's complete lack of success in the proceedings.

Macmillan J considered the factors relevant to costs under s 117(2A) of the *Family Law Act 1975* (Cth). His Honour found that while the husband was wholly unsuccessful, there were no exceptional circumstances that would justify departing from the usual order for costs to be assessed on a party/party basis.

Consequently, the court ordered that the husband pay the wife’s costs of and incidental to her application for interim spousal maintenance and her application to set aside final property orders on a party/party basis. A further mention was scheduled to address paragraph 1 of the wife's Application in a Case.