Fadley and Southwell and Anor

In the Family Court of Australia, Watts J considered an application by the applicant husband and the first respondent de facto wife concerning the valuation of a collection of materials. The dispute arose from the discharge of a previously appointed single expert valuer and the subsequent appointment of a new single expert. The parties sought consent orders to facilitate the valuation process, including specific arrangements for the new expert's access to the materials.

The court was required to determine whether to approve the consent orders, which involved discharging the existing single expert, appointing a new single expert to value the materials held in the E Vaults, and stipulating that this new expert would attend the vaults alone. The court also needed to address the practicalities of the new expert's report, including its submission and the relisting of the matter, as well as the reservation of costs and liberty to relist in case of significant delay. Furthermore, the court considered specific orders relating to the discharge of the Fourth Respondent, the reimbursement of costs, the surrender of items, and the dismissal of certain applications.

Watts J made orders in accordance with the parties' consent, discharging the previous single expert and appointing Mr C of D Services as the new single expert to value the materials in the E Vaults. Crucially, the court ordered that Mr C would attend the vaults alone, with neither the applicant husband nor the first respondent de facto wife present. The court also directed Mr C to electronically forward his report to the court associate and both parties upon completion, with the matter to be relisted upon receipt. Costs were reserved, and parties were granted liberty to return to court if there was significant delay in the production of the report. The court also made specific orders regarding the discharge of the Fourth Respondent, including a payment of $70,000 to the applicant de facto wife, the surrender of items, and the dismissal of the applicant's application against the Fourth Respondent.