Jandro & Waisner

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Jandro & Waisner [2024] FedCFamC2F 270

File number(s):

ADC 1250 of 2022

Judgment of:

JUDGE MCGINN

Date of judgment:

1 March 2024 

Catchwords:

FAMILY LAW – SINGLE EXPERT WITNESS – application for removal – earlier valuation for third party bank – independence of single expert– duties – non-disclosure of earlier valuation – materiality – selection of single expert – remediation if non-disclosure - application disallowed

Legislation:

Family Law Act 1975 (Cth)

Federal Circuit and Family Court of Australia (Family Law) Rules 2021

Cases cited:

Henderson v Amadio [1995] FCA 1300; (1995) 62 FCR 1

Voli v Inglewood [1963] HCA 15; (1963) 110 CLR 74 at 79

Division:

Division 2 Family Law

Number of paragraphs:

130

Date of hearing:

27 February 2024

Place:

Adelaide

Counsel for the Applicant:

Mr Richards

Solicitor for the Applicant:

Howe Jenkins

Counsel for the Respondent:

Mr Lindsay

Solicitor for the Respondent:

Gillian Marks & Company

ORDERS

ADC 1250 of 2022

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS JANDRO

Applicant

AND:

MR WAISNER

Respondent

ORDER MADE BY:	JUDGE MCGINN
DATE OF ORDER:	1 MARCH 2024

IT IS ORDERED:

1.That the Application in a Proceeding filed 1 December 2023 and sealed 5 December 2023 do stand dismissed.

2.That each party bear their own costs of and incidental to the said Application.

3.That the Application in a proceeding sealed 1 June 2023 do stand dismissed.

4.That this matter stand adjourned to 9:30 am on 30 May 2024 for trial directions.

5.There be liberty to the parties to apply by way of joint correspondence to the Associate to Judge McGinn to seek to vary the date and time of the hearing referred to in order 3.

Note:   The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

JUDGE McGINN:

1. The applicant de facto wife’s Application in a Proceeding filed 1 December 2023 and sealed 5 December 2023 came before the Court for oral submissions on 27 February 2023.

2. By that Application the wife seeks:

   (a)the discharge of orders made 16 May 2023 as to the appointment of a Mr B as single valuer to value the respondent’s real estate, plant and equipment;

   (b)for the respondent de facto husband…