Anolick and Anolick (No 2)

Case

[2019] FamCA 653

4 September 2019


Details
AGLC Case Decision Date
Anolick and Anolick (No 2) [2019] FamCA 653 [2019] FamCA 653 4 September 2019

CaseChat Overview and Summary

In *Anolick and Anolick (No 2)*, Bennett J of the Family Court of Australia made orders concerning the valuation of certain properties and the filing of further applications. The dispute involved the parties' respective views on the values of properties located at T Street, Suburb U and JJ Street, Suburb S.

The court was required to determine the procedure for resolving disagreements between the parties' experts regarding property valuations and to set a timeline for the wife to file any further applications she intended to rely upon. The court also needed to establish a date for the hearing of any such applications and grant leave for senior counsel to appear by telephone.

Bennett J ordered that the wife file and serve any applications she proposed to rely upon, along with supporting affidavit material, by a specified date. Furthermore, Mr V, one of the parties, was directed to confer with the single expert witness, Mr FF, concerning their differing opinions on the property valuations. This conference was to result in a memorandum detailing points of agreement and disagreement, the reasons for each expert's preferred opinion, any contrary substantial body of opinion held by Mr V, and any information known to Mr V that was not known to Mr FF when preparing his report. Any application filed by the wife was to be set down for hearing shortly thereafter, with senior counsel granted leave to appear by telephone. The reasons for the decision were to be transcribed and placed on the court file.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Expert Evidence

  • Procedural Fairness

  • Costs

  • Discovery

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