Knight & Knight

In this matter before Chief Justice Bryant, the wife sought permission to adduce evidence and tender a report from a forensic accountant, Mr L, concerning the valuation of the husband's interests in certain business entities. The dispute centred on the need for this expert valuation to assist in determining the parties' financial resources and property interests.

The court was required to determine whether to grant the wife permission to engage an expert witness, Mr L, and to establish the terms and conditions under which Mr L would conduct his valuation and present his findings. This included considering the necessity of the expert evidence, its potential impact on costs and the progression of the case, and the appropriate procedures for expert conferencing and joint statement preparation.

Chief Justice Bryant applied the principles outlined in Division 15.5.3 of the Family Law Rules 2004 (Cth), particularly rules 15.51 and 15.52, which govern the adducing of expert evidence. The court considered the purpose of expert evidence rules, which is to ensure that such evidence is obtained only in relation to significant disputed issues, is restricted to what is necessary, and aims to avoid unnecessary costs. The court granted the wife permission to engage Mr L, ordering that he be provided with all necessary information and access to business premises. The court also mandated a process for Mr L to confer with the husband's expert, Mr H, to prepare a joint statement identifying agreed and disputed issues, and specified timelines for the filing of reports and attendance at a pre-trial conference.

The court further ordered the payment of $34,000 from a solicitors' trust account towards the wife's costs, including the costs of engaging Mr L, and an interim property settlement payment of $11,000 to the wife for the purchase of a motor vehicle. The trial judge is to characterise the $34,000 payment at trial. The costs of the proceedings were reserved.