Karbines & Karbines and Anor

In *Karbines & Karbines and Anor*, Dawe J of the Family Court of Australia considered applications for costs. The proceedings involved a husband, a wife, and intervenors, Mr. Willa and Mr. and Mrs. Willa. The dispute centred on the husband's conduct, which was identified as a significant factor influencing the proceedings and the wife's substantial incurred costs.

The court was required to determine whether the husband should pay the costs of the intervenors and the wife. Specifically, the court had to decide whether the wife's costs should be ordered on an indemnity basis, rather than the standard scale, and whether these costs should be payable from the commencement of the proceedings or from the commencement of trial preparation.

Dawe J reasoned that the husband's conduct warranted an order for costs in favour of both the intervenors and the wife. The court ordered the husband to pay the costs of Mr. Willa and Mr. and Mrs. Willa, to be agreed or taxed. Furthermore, the husband was ordered to pay the wife's costs from the commencement of the proceedings on an indemnity basis, reflecting the significant impact of the husband's conduct and the wife's incurred expenses. A sum of $30,000 was to be held in trust for the intervenors' costs, with priority over the wife's costs.