Rosington and Rosington (No. 2)

In *Rosington and Rosington (No. 2)*, Loughnan J of the Family Court of Australia considered penalties for contempt of court and the award of costs. The wife had been found in contempt in relation to seven breaches of a financial injunction. The husband sought a fine and a five-year bond with a monetary term, while the wife argued for no penalty.

The court was required to determine the appropriate penalty for the wife's contemptuous conduct, having regard to case law and section 112AP of the *Family Law Act 1975* (Cth). Additionally, the court had to consider the husband's application for indemnity costs in the sum of $40,000, which the wife opposed.

Loughnan J reasoned that a fine of $50,000 was an appropriate penalty, sufficient to deter future non-compliance with court orders. The court also ordered the wife to pay the husband's costs on an indemnity basis in the sum of $40,000, noting the wife's repeated breaches of court orders, her disregard for the husband's inquiries, and her access to significant funds. The wife was ordered to pay the fine within 21 days, and upon payment, she would be released in relation to the specific contempt charges. The costs order also required payment within 21 days or as otherwise agreed in writing.