COSTA & COSTA

In the matter of *Costa & Costa*, Foster J of the Family Court of Australia considered applications for interim property orders and costs. The husband sought an interim distribution of funds from his superannuation, while the wife sought costs related to a prior application concerning overseas travel with the children.

The primary legal issues before the court were whether to grant the husband's application for an interim distribution of $100,000 from his superannuation fund, and whether to award the wife costs for her earlier application, which had been resolved by consent orders. The court also considered the husband's ongoing responsibility for mortgage payments and property outgoings.

Foster J reasoned that an interim distribution from the husband's superannuation was appropriate in the circumstances, ordering that $100,000 be withdrawn and paid equally to the husband and wife. This order was made pending further orders, and the husband was restrained from further withdrawals from his superannuation save for compliance with this order. The court also ordered the husband to continue paying the mortgage and outgoings for the matrimonial home. Regarding costs, Foster J applied the principles under s 117 of the *Family Law Act 1975* (Cth) and dismissed the wife's application for costs related to the overseas travel application, as it had been resolved by consent.

The court ordered the husband to withdraw $100,000 from his CBUS Superannuation Fund within 14 days, paying $50,000 to the wife and retaining $50,000. The husband was restrained from further withdrawals from his superannuation pending further order, and was ordered to continue paying mortgage payments and property outgoings for the matrimonial home. The wife's application for costs was dismissed.