PANDOLOUS & PANDOLOUS

In *Pandolous & Pandolous*, the wife sought and was granted leave by Dawe J of the Family Court of Australia to issue a Third Party Debt Notice to the husband's employers. This application arose in the context of proceedings for the enforcement of court orders.

The primary legal issue before the court was whether to grant the wife leave to issue a Third Party Debt Notice to secure the payment of a specific sum owed by the husband. A secondary issue concerned the costs of the application, given the husband's lack of success in opposing it.

Dawe J reasoned that the wife had established a sufficient basis for the issuance of the Third Party Debt Notice to enforce the outstanding debt. The court considered the financial circumstances of the parties in relation to the costs application and found that the husband had been wholly unsuccessful.

Consequently, the court ordered that leave be granted to the wife to issue a Third Party Debt Notice to the husband's employers for the sum of $29,232.45. The court further ordered that the husband pay the wife's costs of and incidental to the application filed on 28 August 2009, with such costs to be agreed or taxed.