Anolick and Anolick
Case
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[2018] FamCA 321
•18 January 2018
Details
AGLC
Case
Decision Date
Anolick and Anolick [2018] FamCA 321
[2018] FamCA 321
18 January 2018
CaseChat Overview and Summary
In the matter of Anolick and Anolick, Bennett J of the Family Court of Australia considered an application by the wife concerning property valuation and interim financial matters. The dispute involved the valuation of two properties located at R Street, Suburb S, Victoria, and T Street, Suburb U, Victoria. The wife sought leave to file an affidavit from Mr V of V & Co Pty Ltd regarding the value of these properties and to rely on this evidence at trial.
The court was required to determine whether to grant the wife leave to adduce expert evidence from Mr V concerning the valuation of the subject properties. Additionally, the court considered applications relating to maintenance and the wife's application to dismiss her own application concerning expert evidence by Mr Y. The court also addressed the husband's undertaking to continue making monthly family maintenance payments.
By consent, the court ordered that the wife have leave to file and serve an affidavit from Mr V regarding the value of the two properties and to rely on this evidence at trial. The court further directed that Mr V and Mr W, a valuer from X Valuations, confer on their respective valuations and prepare a memorandum outlining their agreements and disagreements, including reasons for their differing opinions. The husband was ordered to pay the wife $13,500 by 22 January 2018, with the wife to be responsible for specific expenses. The wife's applications concerning maintenance and expert evidence by Mr V were otherwise dismissed, and leave was granted for her to withdraw her application regarding expert evidence by Mr Y. There were no orders as to costs. The husband undertook to continue paying $13,400 per month in family maintenance until final orders, provided the matter proceeded to trial in March 2018.
The court was required to determine whether to grant the wife leave to adduce expert evidence from Mr V concerning the valuation of the subject properties. Additionally, the court considered applications relating to maintenance and the wife's application to dismiss her own application concerning expert evidence by Mr Y. The court also addressed the husband's undertaking to continue making monthly family maintenance payments.
By consent, the court ordered that the wife have leave to file and serve an affidavit from Mr V regarding the value of the two properties and to rely on this evidence at trial. The court further directed that Mr V and Mr W, a valuer from X Valuations, confer on their respective valuations and prepare a memorandum outlining their agreements and disagreements, including reasons for their differing opinions. The husband was ordered to pay the wife $13,500 by 22 January 2018, with the wife to be responsible for specific expenses. The wife's applications concerning maintenance and expert evidence by Mr V were otherwise dismissed, and leave was granted for her to withdraw her application regarding expert evidence by Mr Y. There were no orders as to costs. The husband undertook to continue paying $13,400 per month in family maintenance until final orders, provided the matter proceeded to trial in March 2018.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Consent
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Costs
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Expert Evidence
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Remedies
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Procedural Fairness
Actions
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Citations
Anolick and Anolick [2018] FamCA 321
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