Bele & Vaughan (Costs) [2012] FamCAFC 198 – 04/12/2012

CATCHWORDS:

FAMILY LAW – APPEAL – APPLICATION IN AN APPEAL – COSTS – INDEMNITY COSTS – where the respondent seeks that the applicant pay his costs of and incidental to the proceedings on an indemnity basis – where the conduct of the applicant and the fact that she was wholly unsuccessful in the proceedings provide circumstances that justify an order for costs being made – where the respondent has demonstrated the presence of exceptional circumstances to warrant a departure from the ordinary rules as to costs – where the respondent should not have to bear any of the legal costs incurred by him in responding to the mala fide actions of the applicant – where the clear intention of the applicant was to obstruct and thwart the execution of the consent orders made on 13 December 2011 – costs order made as sought by the respondent.


NOTE: The period for seeking special leave to appeal to the High Court has not expired.