Falker and Falker

In the matter of Falker and Falker, McClelland J of the Court was required to make orders concerning the valuation of various assets in a family law proceeding. The dispute involved the wife and husband, and the central issue was how to obtain independent valuations for a range of properties, superannuation funds, trusts, private companies, and specific equipment.

The Court was tasked with determining the process for appointing single experts to provide these valuations. Specifically, the Court needed to establish a mechanism for identifying appropriately qualified individuals, for the parties to select from these identified experts, and for the preparation of joint letters of instruction to guide the experts' work. The Court also had to consider provisions for resolving any disagreements that might arise during this process.

McClelland J ordered that the wife was to provide lists of three appropriately qualified persons for each category of asset requiring valuation, including details of their proposed fees. The husband then had fourteen days from receipt of these lists to select one expert from each list. Within twenty-one days, the parties were to confer and prepare a joint letter of instruction for each appointed expert. The Court also granted liberty to apply on seven days' notice for further procedural orders, particularly if the parties could not agree on expert selection or the joint letter of instruction, or once the expected dates for the expert reports were known.