Lotta and Lotta (No 4)

The case of *Lotta and Lotta (No 4)* concerned an application by the husband seeking a declaration that a financial agreement signed by the parties be declared a binding financial agreement under the *Family Law Act 1975*. The wife sought costs in relation to this application. The decision was made by Foster J.

The primary legal issue before the court was the wife's entitlement to costs, specifically whether those costs should be awarded on an indemnity basis.

Foster J ordered that the husband pay the wife's costs of and incidental to his application on an indemnity basis. This order excluded the wife's costs of appearance on 15 September 2015, which were to be agreed between the parties or assessed if agreement could not be reached. The costs were to be paid within three months of agreement or assessment.