Beach and Beach (No. 2)
Case
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[2007] FamCA 1006
•15 August 2007
Details
AGLC
Case
Decision Date
Beach and Beach (No. 2) [2007] FamCA 1006
[2007] FamCA 1006
15 August 2007
CaseChat Overview and Summary
In *Beach and Beach (No. 2)*, Brown J of the Family Court of Australia made orders concerning the valuation of various assets in a property settlement dispute between the husband and wife. The proceedings involved the husband's possession or control of plant, equipment, and stock, as well as furniture and chattels located at a specific property. Additionally, updated valuations were required for a property and a farming property.
The court was required to determine the process for obtaining updated valuations of the parties' assets, including the specific entities to be instructed for each valuation. The court also needed to address the immediate payment of certain outstanding and prospective valuation costs, with a view to determining ultimate responsibility at a later stage. Further issues included the vacating of a trial date and the adjournment of competing applications for final property orders.
Brown J ordered that specific valuers, including E Estate Agents, C Auctions, B Pty. Ltd., and S Property Advisors, be jointly instructed by the parties to conduct valuations of the husband's plant, equipment, and stock, as well as furniture and chattels, and the respective properties. The husband and wife were each ordered to pay specified sums to the wife's solicitor to cover the costs of these valuations, with the husband also being required to pay an outstanding sum for a previous valuation. The court reserved the question of ultimate responsibility for these costs to the trial judge and vacated the previously scheduled trial date, adjourning the property applications to a later date.
The court was required to determine the process for obtaining updated valuations of the parties' assets, including the specific entities to be instructed for each valuation. The court also needed to address the immediate payment of certain outstanding and prospective valuation costs, with a view to determining ultimate responsibility at a later stage. Further issues included the vacating of a trial date and the adjournment of competing applications for final property orders.
Brown J ordered that specific valuers, including E Estate Agents, C Auctions, B Pty. Ltd., and S Property Advisors, be jointly instructed by the parties to conduct valuations of the husband's plant, equipment, and stock, as well as furniture and chattels, and the respective properties. The husband and wife were each ordered to pay specified sums to the wife's solicitor to cover the costs of these valuations, with the husband also being required to pay an outstanding sum for a previous valuation. The court reserved the question of ultimate responsibility for these costs to the trial judge and vacated the previously scheduled trial date, adjourning the property applications to a later date.
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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Costs
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Discovery
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Jurisdiction
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Procedural Fairness
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Remedies
Actions
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Most Recent Citation
Massey and Massey and Anor (No. 3) [2007] FamCA 1502
Cases Cited
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Statutory Material Cited
1