MACKINTOSH & GREER

In the Family Court of Australia, Dawe J considered applications by both the wife and the husband. The wife sought leave to rely on affidavit evidence from an expert, while the husband sought an updated valuation of a property.

The court was required to determine whether the wife's proposed expert evidence met the criteria for admissibility and whether it was just and equitable to order a revaluation of the property, considering the impact on the trial commencement.

Dawe J refused the wife leave to rely on the expert affidavit, finding that the evidence did not fall within the category of expert evidence to be received by the Court. However, the husband's application for a property revaluation was granted, with the court ordering that an updated valuation be completed, as it would not delay the commencement of the trial.

The matter was listed for trial and adjourned for mention, with various orders made regarding the filing and service of affidavits, including leave for the wife to rely on existing evidence and for the husband to obtain an updated valuation of a specific property. Further consideration of costs was adjourned to the final hearing.