MARLOWE-DAWSON & DAWSON

In the matter of Marlowe-Dawson & Dawson, Kent J of the Family Court of Australia considered an application by the Wife concerning property located in the United Kingdom. The Wife sought to introduce further affidavit material regarding the costs of necessary works to repair and condition the property. She also sought leave to file affidavits in response to the Husband's previously filed affidavits.

The primary legal issues before the Court were whether the Wife should be granted leave to file further evidence concerning the UK property and to respond to the Husband's affidavits. Additionally, the Court was required to determine whether the Wife should be authorised to provide instructions to a single expert, Mr E, and on what basis the costs of that expert would be borne.

Kent J granted the Wife leave to file and serve further affidavit material concerning the costs of works to the UK property by 2.00 pm on Monday, 19 May 2014. The Wife was also granted leave to file and serve any affidavit in response to the Husband's affidavits of 15 April 2014 and 8 May 2014 by the same date. Pursuant to rule 15.46 of the Family Law Rules 2004, the Wife was authorised to give instructions to the single expert, Mr E, in accordance with the instructions annexed to her Application in a Case filed 15 May 2014, with the Wife to be responsible for the costs of the single expert. The costs of and incidental to the Wife's Application in a Case filed 15 May 2014 were reserved.