Woodley & Time and Anor

In the Family Court of Australia, Benjamin J considered an application and a response concerning costs in proceedings between a husband and wife, and a third party, Mrs Woodley. Mrs Woodley, the applicant, had a genuine interest in the property proceedings as they could have defeated a Mareva injunction and prevented the recovery of a civil judgment against the husband, who had murdered her husband.

The court was required to determine the rights of third parties under section 117(2A) of the *Family Law Act 1975* (Cth) in relation to costs. Specifically, the court had to consider whether Mrs Woodley, as a third party with a substantial interest in the outcome of the property proceedings, should be awarded costs, given that the Family Court proceedings, if successful, would have rendered her civil judgment against the husband worthless.

Benjamin J dismissed both the application and the response. The court's reasoning, though not fully detailed in the provided text, focused on the application of section 117(2A) of the *Family Law Act 1975*, which allows for orders regarding costs in favour of a third party who has a genuine interest in property proceedings. The court's decision to dismiss the applications indicates that it found no basis for making orders for costs in favour of either party in this instance, despite Mrs Woodley's significant interest in the outcome of the Family Court proceedings.