Gemmell & Gemmell

In the Family Court of Australia, Justice Ryan considered an application by the husband in *Gemmell & Gemmell*. The dispute concerned the valuation of a professional practice, a key asset in property settlement proceedings. The parties had previously agreed to appoint a single expert to provide a valuation.

The primary legal issue before the court was whether the husband had established sufficient grounds under Rule 15.49 of the *Family Law Rules 2004* (Cth) to adduce expert evidence from a second expert on the same valuation issue, given the significant difference between the initial expert's valuation and the husband's own assessment.

Justice Ryan found that while the grounds under Rule 15.49 may have been established, this did not automatically grant permission to adduce further expert evidence. The court held that the husband ought to have first convened a Rule 15.64(b) conference between the two experts to attempt to resolve the discrepancies in their valuations. As this step had not been taken, the husband's application was dismissed.