Lestari & Hidayat

[2021] FedCFamC1F 242

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1)

Lestari & Hidayat [2021] FedCFamC1F 242

File number(s):	SYC 585 of 2016
Judgment of:	REES J
Date of judgment:	30 November 2021
Catchwords:	FAMILY LAW – PRACTICE AND PROCEDURE – Parties equally liable to pay the costs of the single experts who will give evidence about the costs of a proposed subdivision of land.
Legislation:	Federal Circuit and Family Court of Australia (Family Law Rules) 2021 (Cth)
Division:	Division 1 First Instance
Number of paragraphs:	4
Date of hearing:	30 November 2021
Place:	Sydney
Applicant:	Self-Represented
Solicitor for the Respondents:	Savage Solicitors

ORDERS

SYC 585 of 2016

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MR RAHARDJO
Applicant

AND:

MS ANGGRAENI
First Respondent

MS LIPARI

Second Respondent

ORDER MADE BY:	REES J
DATE OF ORDER:	30 NOVEMBER 2021

THE COURT ORDERS:

1.That the parties provide to the single expert valuer a letter of instruction in the form annexed hereto and marked “A”.

2.That the parties provide to the single expert cost estimator a letter of instruction in the form annexed hereto and marked “B”.

3.That the matter be listed for Callover before the Honourable Justice Rees on 28 February 2022 at 10:00 am by Microsoft Teams.

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 Lestari Hidayat has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

REES J:

1. Property proceedings between Mr Rahardjo (“the applicant”) and Ms Anggraeni and Ms Lipari (“the respondents”) are being prepared for hearing. A dispute has arisen between the applicant, who is self-represented, and the respondents, about the form of letters of instruction to a single expert property valuer and to a single expert costs estimator who will give evidence about the costs of a proposed subdivision of land.

2. The respective parties have exchanged draft letters and it now falls to me to settle the draft.

3. The only real issue of dispute is in relation to the payment, in each case of the costs of the expert.

4. Absent any order to the contrary, the Federal Circuit and Family Court of Australia
   (Family Law Rules) 2021 (Cth) provide that the parties are to be equally liable to pay the costs of the single expert and the letter of instructions will reflect that position.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Rees.

Associate:

Dated:       30 November 2021