Malone and Malone and Ors

In the matter of *Malone and Malone and Ors*, Berman J of the Family Court of Australia considered a dispute between a husband and wife concerning the valuation of a property. The wife had made an application, and certain paragraphs of that application were dismissed, while others were adjourned pending further valuation and submissions.

The court was required to determine the appropriate method for valuing the real property located at E Town, New South Wales. Specifically, the court needed to decide how the parties should jointly instruct a licensed real estate valuer, including the process for agreeing on or nominating such a valuer in default of agreement. Furthermore, the court had to determine the apportionment and payment of the costs associated with obtaining this valuation.

Berman J ordered that the husband and wife jointly instruct a licensed real estate valuer to prepare a report on the current market value of the E Town property. In the event of disagreement, the valuer was to be nominated by the president of the Real Estate Institute of New South Wales. The costs of this valuation were to be shared equally between the parties, with the husband initially paying the full cost and the wife reimbursing him her half share within 120 days of a request for payment. Further consideration of specific paragraphs of the wife's application was adjourned pending the valuation report and subsequent written submissions from both parties. Certain other paragraphs of the wife's application were dismissed.