Hawford and Hawford

In *Hawford and Hawford*, Kent J of the Federal Circuit Court of Australia considered an application by the Husband for leave to rely upon an adversarial expert regarding the valuation of a boat and to adduce that expert's evidence by telephone. The dispute concerned the division of property.

The primary legal issues before the Court were whether to grant the Husband leave to rely on an adversarial expert for the boat's valuation and whether to permit that expert to give evidence remotely. The Court also had to determine the immediate allocation of costs for obtaining a joint expert valuation of the boat.

Kent J granted the Husband leave to rely on an adversarial expert for the boat's valuation, provided the expert gave evidence from within Australia. The Court also ordered that the parties, in the first instance, share the costs of obtaining a joint expert valuation from M Valuers, with the ultimate responsibility for these costs to be determined at trial. Both parties were directed to take all reasonably necessary steps to facilitate the joint valuation, with specific emphasis on the Husband securing the cooperation of Mr S.