Markwell and Markwell
Case
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[2010] FamCA 656
•29 June 2010
Details
AGLC
Case
Decision Date
Markwell and Markwell [2010] FamCA 656
[2010] FamCA 656
29 June 2010
CaseChat Overview and Summary
In the matter of Markwell and Markwell, Justice Austin made orders concerning the appointment of single expert witnesses in proceedings between the parties. The dispute involved the valuation of various real properties, including quarrying properties and residential properties located in Queensland.
The court was required to determine the specific experts to be appointed for the valuation of different classes of property and to establish the procedural steps necessary for the preparation of their reports. This included defining the scope of each expert's remit, specifying the properties each expert was to value, and outlining the requirements for providing instructions and access to the properties and relevant documents.
Justice Austin's reasoning, as evidenced by the orders made by consent, focused on facilitating an efficient and cost-effective resolution of the valuation issues. The court appointed Mr H to value the quarrying properties, Ms M to value a specific property at T, Queensland, Mr O to value properties at Unit 4, B, Queensland, and D, Queensland, and Mr B to value other identified real properties, excluding the Queensland properties already assigned. The orders also mandated that parties provide reasonable access to the properties and necessary documents to the appointed experts and share their fees equally. The matter was adjourned for further procedural orders.
The court was required to determine the specific experts to be appointed for the valuation of different classes of property and to establish the procedural steps necessary for the preparation of their reports. This included defining the scope of each expert's remit, specifying the properties each expert was to value, and outlining the requirements for providing instructions and access to the properties and relevant documents.
Justice Austin's reasoning, as evidenced by the orders made by consent, focused on facilitating an efficient and cost-effective resolution of the valuation issues. The court appointed Mr H to value the quarrying properties, Ms M to value a specific property at T, Queensland, Mr O to value properties at Unit 4, B, Queensland, and D, Queensland, and Mr B to value other identified real properties, excluding the Queensland properties already assigned. The orders also mandated that parties provide reasonable access to the properties and necessary documents to the appointed experts and share their fees equally. The matter was adjourned for further procedural orders.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Family Law
Legal Concepts
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Expert Evidence
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Procedural Fairness
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Costs
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Remedies
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Citations
Markwell and Markwell [2010] FamCA 656
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