Kelso and Aldrin (No.2)

In *Kelso and Aldrin (No.2)*, the Family Court of Australia considered an application by the wife for costs following earlier proceedings. The dispute concerned the division of property and the wife's entitlement to indemnity costs.

The primary legal issue before the Court was whether the wife should be awarded her costs, and specifically, whether those costs should be on an indemnity basis. This required the Court to consider the conduct of the parties during the litigation and whether such conduct warranted an order for indemnity costs.

Judge Harland found that the wife was entitled to her costs. The Court ordered that the husband pay the wife's costs in the sum of $22,022.71. Furthermore, the Court ordered that the wife's indemnity costs be paid to her from the sale proceeds of a property, prior to any distribution to the husband.