Klearchos and Klearchos and Ors

In *Klearchos and Klearchos*, the wife sought orders under section 79 of the *Family Law Act 1975* (Cth) concerning the division of matrimonial property. The proceedings involved complex asset structures, including real estate, corporate entities, and vehicles, with allegations of interests held or controlled by the husband, potentially through third parties. The court was required to determine the scope of assets to be included in the matrimonial pool and the valuation of these assets, including any foreign law issues that might be relevant.

Loughnan J directed the parties to instruct single experts to prepare reports on the value of various assets and corporate entities that the wife alleged were part of the matrimonial pool or controlled by the husband. This included real estate, companies, trusts, foundations, and vehicles, as well as any liabilities associated with these assets and any relevant foreign law. The process for selecting these experts was detailed, requiring the wife to propose experts and the husband to nominate from those proposals, with provisions for the wife to select if the husband failed to nominate. The costs of these experts were to be shared equally in the first instance, with ultimate responsibility reserved for the final hearing.

The court also addressed procedural matters, including the filing of amended applications and responses, and granted leave for parties to administer specific questions and issue subpoenas for documents. Notably, the court found special circumstances justifying an order under section 79 despite the parties not having attended a registrar's conference. An application for a separate hearing was refused, and the proceedings were fixed for a 10-day hearing commencing on 28 November 2016, with provisions for parties to agree on alternative dates or restore the matter if the fixed dates became impracticable. Further directions were given regarding the filing of affidavits, updated financial statements, case outlines, agreed balance sheets, and the joining of issue on evidence. The question of costs for the day was reserved.