Lively & Lively
Case
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[2014] FamCA 578
•21 July 2014
Details
AGLC
Case
Decision Date
Lively & Lively [2014] FamCA 578
[2014] FamCA 578
21 July 2014
CaseChat Overview and Summary
In the matter of *Lively & Lively*, Watts J considered an application by the wife concerning property valuation evidence in family law proceedings. The dispute centred on the valuation of certain assets, specifically a property located at D Street, Suburb F, and another at I Town.
The primary legal issues before the court were whether to grant the wife leave to adduce further expert evidence regarding the valuation of the D Street property, and how to manage the existing expert evidence concerning the valuations of both properties to facilitate a just and efficient resolution of the financial proceedings. The court also considered the procedure for dealing with objections to expert reports and the potential cross-examination of an expert.
Watts J granted the wife leave to adduce alternate property valuation evidence from Mr. B of C Valuers, limiting this evidence to the current fair market value of the D Street property. The court directed that Mr. B and Mr. G, the other expert involved, should participate in a joint conference to identify areas of agreement and disagreement in their valuations, and to provide reasons for preferring one expert's view over another. The court further ordered that if any controversy remained, the experts were to give concurrent evidence at the hearing. Directions were also given regarding notice for cross-examination of Mr. G and the service of objections to expert reports.
The primary legal issues before the court were whether to grant the wife leave to adduce further expert evidence regarding the valuation of the D Street property, and how to manage the existing expert evidence concerning the valuations of both properties to facilitate a just and efficient resolution of the financial proceedings. The court also considered the procedure for dealing with objections to expert reports and the potential cross-examination of an expert.
Watts J granted the wife leave to adduce alternate property valuation evidence from Mr. B of C Valuers, limiting this evidence to the current fair market value of the D Street property. The court directed that Mr. B and Mr. G, the other expert involved, should participate in a joint conference to identify areas of agreement and disagreement in their valuations, and to provide reasons for preferring one expert's view over another. The court further ordered that if any controversy remained, the experts were to give concurrent evidence at the hearing. Directions were also given regarding notice for cross-examination of Mr. G and the service of objections to expert reports.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
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Evidence
Legal Concepts
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Appeal
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Expert Evidence
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Procedural Fairness
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Discovery
Actions
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Citations
Lively & Lively [2014] FamCA 578
Most Recent Citation
Parkes and Parkes [2015] FamCA 1210
Cases Cited
0
Statutory Material Cited
0