Aitken and Murphy (No. 3)

In *Aitken and Murphy (No. 3)*, Young J of the Family Court of Australia was required to make orders concerning the costs of previous hearings and to provide directions for the ongoing property and financial proceedings between the applicant, Mr Aitken, and the respondent. The proceedings involved complex financial matters, including the valuation of significant assets.

The court was tasked with determining the quantum of costs to be paid by the applicant to the respondent for specific hearings, and to establish a framework for the valuation of various assets, including a business and several properties. Additionally, the court needed to manage the future conduct of the proceedings, including the scheduling of conciliation conferences and case management hearings.

Young J ordered that the applicant pay the respondent's costs for hearings on 15 December 2011 and 13 and 28 March 2012, fixed at $29,500, with payment deferred until the final determination of the proceedings. The court also directed the transcription of extempore reasons for judgment and the applicant's evidence. Crucially, the court appointed single expert valuers at the joint expense of the parties to value the respondent's construction business, a Melbourne property comprising 18 apartments, a Melbourne house, and a Sydney property. The respondent was initially to bear the actual costs of these valuations, with 50% reimbursement from the applicant upon final settlement. The parties were ordered to cooperate fully in the valuation process. The existing financial conciliation conference was vacated and rescheduled, with other extant applications to be addressed at a case management hearing. The court certified that the matter reasonably required the attendance of counsel for both parties.