HAYDEN & HAYDEN

Case

[2014] FamCA 687

12 August 2014


Details
AGLC Case Decision Date
HAYDEN & HAYDEN [2014] FamCA 687 [2014] FamCA 687 12 August 2014

CaseChat Overview and Summary

In the matter of *Hayden & Hayden*, heard before Hannam J, the parties sought orders concerning the valuation of a property located at B Street, Suburb C, New South Wales. The dispute centred on the need for an independent valuation of this asset.

The primary legal issue before the Court was the appointment of a single expert witness to value the specified property. The parties also sought to establish the process for this appointment, including the role of the Australian Property Institute and the initial allocation of costs associated with obtaining the expert's report.

The Court, by consent of the parties, made orders appointing a single expert witness to value the property. The parties are to jointly approach the President of the Australian Property Institute, New South Wales Chapter, to request such an appointment. The husband will initially bear the costs of approaching the Institute, while the applicant's solicitor will prepare the letter of instructions to the expert. The respondent is to cooperate in providing access to the property. The applicant will initially bear the costs of the expert's fees and expenses, with the ultimate liability for these costs to be determined at the final hearing.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Expert Evidence

  • Costs

  • Consent

  • Remedies

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