El Maalouf and Issa (No 2)

FAMILY COURT OF AUSTRALIA

EL MAALOUF & ISSA (NO. 2) [2020] FamCA 636

FAMILY LAW – COSTS – Where final de facto property orders – Where application for costs made by the wife – Where application for costs made by the husband – Where consideration of applicable principles – Where no circumstances justifying departure from the general rule – Where applications dismissed.

Family Law Act 1975 (Cth) s 117

Collins & Collins (1985) FLC 91-603
El Maalouf & Issa [2020] FamCA 76
Greedy & Greedy (1982) FLC 91-250
Hawkins & Roe [2012] FamCAFC 77; (2012) 47 Fam LR 526
Luadaka & Luadaka (1998) FLC 92-830

Penfold v Penfold (1980) 144 CLR 311

APPLICANT: Ms El Maalouf

RESPONDENT: Mr Issa

FILE NUMBER: PAC 2389 of 2017

DATE DELIVERED: 3 August 2020

PLACE DELIVERED: Parramatta

PLACE HEARD: Parramatta

JUDGMENT OF: Foster J

HEARING DATE: By way of written submissions last received on 30 June 2020

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Adam Jones Solicitor

SOLICITOR FOR THE RESPONDENT: Circle Bridge Legal

Orders

1. All applications for costs are dismissed.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym El Maalouf & Issa has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT PARRAMATTA

FILE NUMBER: PAC 2389 of 2017

Ms El Maalouf

Applicant

And

Mr Issa

Respondent

REASONS FOR JUDGMENT

1. On 14 February 2020 in de facto property proceedings between the applicant wife and respondent husband the Court made final orders as to property adjustment as follows:

   (1)That within six months from this date the applicant pay to the respondent the sum of $60,000.

   (2)That in default of the sum provided for in Order 1 being paid by the due date, the applicant and respondent sign all necessary documents and do all things necessary to sell the said property at H Street, Suburb J at the best price reasonably available and that from the net proceeds of sale the respondent be paid a sum that would then represent 12.5 per cent of the asset pool for adjustment as set out at [64] of these reasons for judgment.

   (3)That the wife do all things necessary  to permit the husband or his nominee within one month from this date to collect a motorbike presently in her possession and such items of his clothing and personal effects that she agrees remain in her possession.

2. Thereafter by Application in a Case filed 13 March 2020 the wife sought an order that the husband pay her costs of and incidental to the proceedings.  By…