GORTON & ELLIS

In the matter of Gorton & Ellis, Austin J of the Family Court of Australia considered an application by the applicant wife concerning the valuation of a property. The dispute centred on the need for an updated valuation of the "M property" in New South Wales, given the passage of time between an existing valuation report and the anticipated final hearing. The court also addressed the applicant wife's request to convene a conference with the single expert witness.

The primary legal issues before the court were whether to direct the single expert to update her existing valuation report, and the conditions under which a conference between the applicant wife and the single expert should be permitted. The court was also required to determine the appointment of a single expert to prepare a valuation report as at the date of cohabitation, and the instructions to be provided to that expert.

Austin J reasoned that the existing valuation report would likely require updating due to the passage of time. The court made orders appointing Ms C of C Property Valuers as the single expert to prepare a valuation report as at April 1996, and directed the parties to jointly instruct her. The court also permitted the applicant wife to convene a conference with the single expert within 21 days, subject to specific conditions including the respondent husband's attendance and the equal sharing of costs if he attended. The court further ordered that the parties bear the costs of the single expert's report in equal shares and listed the trial to continue on 4 December 2009. The application by the applicant wife was dismissed, and the respondent husband's oral application for costs was also dismissed.