Maheris and Prentice

In *Maheris and Prentice*, heard by Young J of the Family Court of Australia, the parties sought orders concerning the valuation of certain properties. The wife had filed an application on 30 June 2009, followed by a further application on 26 August 2009, to which the husband responded on 1 September 2009. The proceedings before the Court on this occasion concerned the wife's application filed 26 August 2009 and the husband's response thereto, as well as the wife's earlier Form 2 application.

The Court was required to determine a series of issues relating to the valuation of four properties, including the appointment of a single expert valuer and the scope of their instructions. Specifically, the Court needed to address the timing and execution of instructions to the valuer, the properties to be valued, and the dates as at which valuations were to be made, particularly for one property where multiple historical valuations were sought. The Court also considered the husband's obligations regarding access to one of the properties and the notification of a third party with an interest in that property.

Young J made detailed orders to facilitate the valuation process. The Court appointed a Registrar to execute a letter of instructions to the single expert valuer, V Real Estate Valuers, in the form prepared by the wife's solicitors, to ensure compliance with previous orders. The single expert was directed to inspect and value three properties, with specific instructions for one property to be valued as at three different dates. A stay was placed on the valuation of this particular property until a specified date, without impacting the valuation timetable for the other properties. The wife's solicitors were authorised to provide instructions to the valuer, with written confirmation to be provided to the husband. The husband was ordered to provide necessary access and instructions for the inspection of one property, and his brother was to be notified of the proceedings. The Court dismissed the wife's applications filed 26 August 2009 and 1 September 2009, and her earlier Form 2 application. The husband was ordered to pay the wife's costs of the hearing, fixed at $3,700, with payment stayed pending the determination of substantive applications or until 3 December 2009.