Yanez & Yanez

In the matter of PAC 5502 of 2018, Ms Yanez was the applicant and Mr Yanez was the respondent. The dispute concerned an application for costs of and incidental to an enforcement application, and an application for indemnity costs, brought by the wife.

The court was required to determine whether it was appropriate to order the husband to pay the wife's costs, particularly in light of a non-compliance with Rule 19.08(3) of the Family Law Rules 2004 (Cth).

Foster J considered the applicable principles for awarding costs in family law proceedings. The court found it appropriate to order the husband to pay the wife's costs of and incidental to her application filed on 17 December 2020. The husband was ordered to pay the wife's costs in the sum of $25,000 within two months. Furthermore, the wife was granted a charge over the husband's entitlement to a distribution from the proceeds of sale of a specified real estate property to secure the payment of this sum, with interest, and the husband was restrained from receiving any distribution until compliance with the costs order.