TRITTON & DUCATTI

In the matter of *Tritton & Ducati*, Henderson J considered a dispute concerning property and costs. The husband and the second respondent sought costs primarily on an indemnity basis.

The central legal issues before the court were the application of sections 117(1) and 117(2) of the *Family Law Act 1975* (Cth) to the differing positions of the husband and the second respondent in their respective costs applications, and whether the wife's conduct warranted an order for costs on an indemnity basis.

Henderson J reasoned that the wife's conduct, particularly her imprudent refusal to accept settlement offers, was a significant factor in determining the quantum and basis of costs. The court found that the wife was to pay the second respondent's costs on an indemnity basis from 27 September 2017, the date of the second respondent's settlement offer. Furthermore, the wife was ordered to pay the husband's costs, assessed at 50% of costs billed from 18 November 2018, the date of his first settlement offer.

The court ordered the wife to pay the second respondent's costs in the sum of $148,783.46 and the husband's costs assessed at $69,855. The husband was permitted to reduce monies payable to the wife by $218,598.46 to satisfy these costs orders.