State Central Authority and Kodenikos (No 2)

The case of *State Central Authority and Kodenikos (No 2)* concerned an application by the State Central Authority regarding the respondent's failure to comply with consent orders for the handover of a child to the mother. The matter came before Cohen J in the Family Court of Australia.

The primary legal issue before the court was the appropriate costs order to be made against the respondent due to his non-compliance with the consent orders. Specifically, the court had to determine whether the costs should be awarded on a standard or indemnity basis, given the respondent's failure to surrender the child as agreed.

Cohen J ordered that the respondent pay the Director General, Department of Human Services’ costs. These costs were to be taxed on an indemnity basis, reflecting the seriousness of the respondent's failure to adhere to the consent orders made on 15 November 2010. The respondent was given twenty-eight days from the date of the order to satisfy this costs order.