Letson and Rigas

This matter concerned an application before Johns J in the Family Court of Australia, brought by the De Facto Husband and De Facto Wife. The dispute involved the division of property and the need for expert valuations and reports to facilitate this process. The parties sought orders by consent regarding the appointment of valuers and accountants to provide specific reports.

The court was required to determine the terms of consent orders concerning the appointment of single experts to prepare historical valuations of several properties as at specific dates in 2012 and 2013. Additionally, the court needed to make orders for a taxation report to assess potential capital gains tax liabilities arising from the sale of these properties. The court also had to determine the allocation of costs for these expert reports and the costs of the proceedings on the day.

The court made orders by consent, appointing H Valuers and N Company to prepare historical valuations for various properties as at 1 December 2012 and 1 October 2013. Mr V of W Accountants was appointed to provide a taxation report concerning potential capital gains tax liabilities arising from the sale of these properties. The De Facto Husband was ordered to pay the initial costs of these reports, with the De Facto Wife to reimburse him for one half of the total amounts invoiced, to be deducted from any payments or property disbursals made to her. The court also ordered that the wife pay the husband's costs of the day in the sum of $2336, with the operation of this order stayed for 30 days, and dismissed an Application in a Case filed on 15 July 2020.