Markwell and Markwell

Case

[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.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Expert Evidence

  • Procedural Fairness

  • Costs

  • Remedies

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