Vrebac & Vrebac

In *Vrebac & Vrebac*, the wife sought an order that the husband pay her costs of and incidental to her Application in a Case filed on 17 June 2020 on an indemnity basis. The matter came before Macmillan J of the Family Court of Australia.

The primary legal issue before the court was whether the wife was entitled to an order for costs against the husband, and if so, on what basis. The wife's application sought to vary existing interim orders concerning the distribution of property sale proceeds, arguing that the current orders would not result in a just and equitable outcome given the reduced asset pool. She also sought orders for the discovery of specific electronic devices.

Macmillan J considered the wife's submissions and the circumstances of the case. His Honour found that while there might be some justification for a costs order in the wife's favour, the circumstances were not exceptional enough to warrant an indemnity basis. Furthermore, due to the uncertainty surrounding the husband's financial circumstances and the ultimate outcome of the proceedings, His Honour was not satisfied that it would be just to make a costs order at that stage.

Consequently, Macmillan J ordered that the costs of and incidental to the wife’s Application in a Case filed 17 June 2020 be reserved for determination at trial. His Honour also noted that if the husband's entitlements were as limited as the wife submitted, he should carefully consider his conduct in the proceedings to avoid further reducing those entitlements.