Hackshaw and Hackshaw

Case

[2009] FamCA 1327

17 December 2009


Details
AGLC Case Decision Date
Hackshaw and Hackshaw [2009] FamCA 1327 [2009] FamCA 1327 17 December 2009

CaseChat Overview and Summary

This matter came before Justice Murphy of the Family Court of Australia concerning financial proceedings between the husband and wife. The dispute involved the valuation of various business and trust interests held by the husband, as well as his interest in a superannuation fund and partnership arrangements. The court was tasked with making directions for the progression of the case towards a final hearing.

The court was required to determine the procedural steps necessary for the fair and efficient resolution of the financial dispute. This included deciding on the admissibility of expert evidence, the process for obtaining valuations of complex business structures, and the timeline for the exchange of affidavit material. The court also needed to address the husband's application for specific orders regarding the proposed distribution of assets, which was ultimately dismissed.

Justice Murphy made a series of orders aimed at facilitating the gathering and presentation of evidence. Permission was granted for the wife to adduce expert evidence regarding the value of the husband's interests in numerous companies, trusts, and partnerships. The husband was also permitted to rely on an affidavit from an expert witness. Crucially, the court directed that three expert witnesses, including a single expert appointed by the court, confer to identify areas of agreement and disagreement, with a view to producing a joint report. The husband's accountant was permitted to prepare summaries of financial transactions related to farm properties, pursuant to section 50 of the *Evidence Act 1995*. The matter was listed for a final hearing commencing on 24 May 2010.
Details

Areas of Law

  • Family Law

  • Evidence

  • Civil Procedure

Legal Concepts

  • Expert Evidence

  • Costs

  • Procedural Fairness

  • Consent

  • Discovery

  • Remedies

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

3