Indemnity cost orders are rare in the Family Law jurisdiction. A recent case SCVG & KLD and Anor is a Full Court decision which upheld an indemnity costs order made by the trial judge in parenting proceedings against the Father.
Section 117 Family Law Act provides the general principle that each party should bear their own costs in family law proceedings.
There of course is discretion for the court to make costs orders in particular circumstances, where justified, but the long established principles confirm that an indemnity costs order is a great departure from the normal standard.
Read the full article on Deborah Awyzio’s LinkedIn.