Spurling & Spurling & Ors (No. 2)

In *Spurling & Spurling & Ors (No. 2)*, Johnston J of the Family Court of Australia considered an application for costs made by SZ Pty Ltd, a third party, against the wife. The wife had been wholly unsuccessful in her application brought under section 106B of the *Family Law Act 1975* (Cth), which involved SZ Pty Ltd.

The primary legal issue before the court was the appropriateness of making a costs order against the wife in favour of SZ Pty Ltd, and if so, the quantum of that order. The court was required to determine whether the circumstances warranted an award of costs against a party who had failed in their application, particularly where a third party was involved.

Johnston J reasoned that given the wife's complete lack of success in her section 106B application, and the consequent involvement and costs incurred by SZ Pty Ltd, it was appropriate to make a costs order. The court assessed the sum of $85,000 as the appropriate amount of costs to be paid by the wife to the solicitors for SZ Pty Ltd. The wife's application and the husband's application were both dismissed.