El Maalouf & Issa & Ors

In *El Maalouf & Issa & Ors*, Foster J of the Family Court of Australia considered an application for costs made by the wife against a third party, B Pty Ltd. The dispute arose from B Pty Ltd's intervention in proceedings, which the third party subsequently withdrew from. The wife contended that she had incurred expenses in responding to the third party's claims.

The central legal issue before the Court was whether to make a costs order in favour of the wife against the third party intervener, given the latter's withdrawal from the proceedings and the costs incurred by the wife in dealing with the third party's involvement.

Foster J applied the principles governing costs orders in family law matters, particularly in circumstances where a third party intervenes and then withdraws. The Court considered the wife's submission that she was put to expense by the third party's participation. Having regard to these principles and the facts presented, the Court found it appropriate to make a costs order against the third party.

Accordingly, the Court ordered that B Pty Ltd pay to the wife the sum of $6,600.00 for her costs within one month.