Waldon and Kipley-Waldon (No 4)

This matter came before Benjamin J concerning applications made by both the former husband and former wife. The dispute involved a range of interlocutory applications, including a stay of a costs order, restraint on the wife leaving the Commonwealth, and the holding of her passport. The court also considered applications relating to costs on substantive proceedings, the basis of those costs (party/party or indemnity), and security for costs.

The primary legal issues before the court were whether to grant the husband's application for a stay of a previous costs order, and whether to restrain the wife from leaving Australia or order her passport be held by the court. Additionally, the court was required to determine various costs applications made by the wife, including an extension of time for her costs application, and whether costs should be awarded on a party/party or indemnity basis. The husband also sought to review and set aside previous court determinations and orders, including property orders made in 2012, and sought security for his costs.

Benjamin J dismissed the husband's application for a stay of the costs order made on 14 August 2014. The court also dismissed the husband's interlocutory application to restrain the wife from leaving the Commonwealth and his oral application for her passport to be held by the court. All other applications, with the exception of costs, were stood over for future determination.