Sewin & Cheals (No. 2)

In *Sewin & Cheals (No. 2)*, Hannam J of the Family Court of Australia considered an application by the wife for the husband to pay her costs on an indemnity basis. The parties had been engaged in protracted property and parenting proceedings since September 2018, involving disputes over the former family home, other properties, and a business, with the husband's parents also joined as respondents due to their asserted interest in the former family home.

The central legal issue before the Court was whether there were sufficient circumstances to justify a departure from the usual rule that each party bears their own costs in family law proceedings. The wife sought an order for costs on an indemnity basis, which represents a higher threshold than standard costs.

Hannam J reviewed the circumstances of the case and concluded that there was insufficient justification to depart from the ordinary rule. The Court found that the matters presented did not warrant an order for the husband to pay the wife's costs on any basis, let alone an indemnity basis. Consequently, the wife's application for costs was dismissed.