Jacobs and Jacobs and Ors (No 3)

In *Jacobs and Jacobs and Ors (No 3)*, Hogan J of the Family Court of Australia considered an application for costs following earlier proceedings. The dispute concerned the wife's entitlement to costs on an indemnity basis against the First, Second, and Third Respondents.

The primary legal issue before the Court was whether it was reasonable for the wife to engage counsel for the hearing on 15 October 2015, and consequently, whether the First, Second, and Third Respondents should be ordered to pay the wife's costs of specific applications on an indemnity basis.

Hogan J reasoned that the circumstances warranted an order for indemnity costs. The Court certified that it was reasonable for the wife to engage counsel for the hearing. Accordingly, the First, Second, and Third Respondents were ordered to be jointly and severally liable for the wife’s costs of and incidental to the Application in a Case filed 28 August 2015 (as amended) and the Application in a Case filed 12 October 2015. These costs were to be paid on an indemnity basis, either by agreement between the parties or, failing agreement, as assessed on an indemnity basis. The payment was to be made into the wife’s solicitors' trust account within 21 days of the finalisation of the proceedings.