Gaynor and Gaynor and Ors (Appointment of Single Expert)

Case

[2011] FamCA 520

17 June 2011


Details
AGLC Case Decision Date
Gaynor and Gaynor and Ors (Appointment of Single Expert) [2011] FamCA 520 [2011] FamCA 520 17 June 2011

CaseChat Overview and Summary

In the matter of *Gaynor and Gaynor and Ors*, Justice Le Poer Trench of the Family Court of Australia considered an application by the second to fourth respondents concerning the admission of certain valuations in proceedings between the parties. The core of the dispute revolved around the admissibility and timing of valuations of the GV Family trust and a property at C Street, Suburb D.

The primary legal issue before the court was whether to grant the second to fourth respondents leave to file and serve valuations of the GV Family trust as at 30 June 1999 and 30 June 2000, and a valuation of the property at C Street, Suburb D as at 30 December 2000. The husband indicated his intention to object to the admissibility of these valuations on grounds of relevance and any other grounds that might arise.

Justice Le Poer Trench dismissed the application by the second to fourth respondents in all respects, save for the issue of costs. However, the court granted the second to fourth respondents leave to file and serve the specified valuations, provided they were filed and served by 26 September 2011. The court also noted the husband's stated intention to object to the admissibility of these valuations. The orders further stipulated a process for any application for costs arising from the dismissed application, including timelines for filing and serving supporting documents and submissions, with determination to occur in chambers in the absence of contrary application.
Details

Areas of Law

  • Family Law

  • Civil Procedure

  • Evidence

Legal Concepts

  • Costs

  • Expert Evidence

  • Discovery

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