Durant and Curran

This matter concerned an application before Aldridge J in the Federal Court of Australia. The parties, identified as Durant and Curran, sought consent orders relating to a dispute involving the valuation of C Pty Ltd consolidated group. The orders addressed the process for obtaining expert valuations, the interim payment of associated costs, and the exchange of information between the parties.

The court was required to determine the terms of consent orders that would govern the ongoing proceedings. Specifically, the court needed to address the parties' agreement regarding the completion of a single expert valuation for the financial year ending 30 June 2015, the interim allocation of costs for this valuation, and the final allocation of liability for its completion. Further issues included the payment of costs for a separate single expert valuation for the financial year ending 30 June 2018, and the provision of specific information and disclosure between the parties by a set date.

Aldridge J made orders by consent, reflecting a Minute of Order signed by the parties. These orders mandated that the parties cooperate fully with a single expert, Ms R, to complete the valuation of C Pty Ltd consolidated group for the financial year ending 30 June 2015. The costs of this initial valuation were to be paid from a specified Westpac account in the first instance, with the ultimate liability for these costs to be determined by the trial judge. The orders also stipulated that the cost of a further single expert valuation for the financial year ending 30 June 2018 would be paid from the same account, and that both parties would provide specific answers and disclosure to each other by 16 July 2019. The costs of the hearing on 9 July 2019 were reserved to the final hearing.