BRIE & BRIE AND ANOR

In the Family Court of Australia, Justice Baumann considered an application involving Mr Y Brie, the wife, and the husband. The proceedings concerned either the enforcement of final consent orders made on 7 November 2017 or an application under section 79A of the *Family Law Act 1975* (Cth). Mr Y Brie sought leave to intervene in these proceedings, and the court was required to determine the extent of his participation.

The primary legal issues before the court were the appointment of a single expert to report on the current market value of the husband's interests in a comprehensive list of entities, including companies, trusts, partnerships, and joint ventures, and the process for selecting that expert. Additionally, the court needed to address the parties' obligations regarding mediation following the expert's report and set a date for a final hearing. The court also considered whether other persons or entities affected by potential final orders should be given notice.

Justice Baumann granted Mr Y Brie leave to intervene, with his participation to be directed by the Court as proceedings evolve. The Court ordered the appointment of a single expert to assess the market value of the husband's interests in numerous specified entities, including tax and realisation costs. The process for selecting this expert involved the husband proposing three candidates, with the wife nominating one, or the husband nominating if the wife failed to do so within seven days. The expert would receive a joint letter of instruction, or individual statements of fact if agreement on instructions could not be reached. The husband was to bear the initial costs of the expert, with liberty to apply regarding the wife's contribution. The parties were also directed to attend mediation after the expert report was produced, with a process for selecting a mediator and sharing mediation costs equally. The proceedings were adjourned for a case management hearing and subsequently set down for a four-day final hearing commencing on 8 October 2019. The costs of the interim hearing were reserved.