YOUNT & FORNEY

In the Family Court of Australia, Judge Obradovic considered an application for costs on an indemnity basis in the matter of *Yount & Forney*. The dispute concerned an application by the wife for the husband to pay her costs of proceedings on an indemnity basis.

The central legal issue before the Court was whether the circumstances warranted an order for the husband to pay the wife's costs on an indemnity basis, rather than the usual party-party basis. This required the Court to assess whether the husband's conduct in the proceedings justified such an exceptional order.

Judge Obradovic determined that the husband's conduct had been unreasonable, thereby justifying an order for indemnity costs. The Court ordered that the husband, Mr Yount, pay to the wife, Ms Forney, the sum of $3,340 within 28 days.