Merrill and Burt

In the matter of *Merrill and Burt*, Berman J of the Family Court of Australia considered an application for urgent spousal maintenance and a response filed by the respondent. The proceedings involved a dispute between the applicant and the respondent concerning financial matters.

The court was required to determine several issues, including whether the respondent should be permitted to rely on a series of affidavits sworn by various individuals, and whether leave should be granted for the respondent to file one further affidavit in response to an affidavit filed by Ms F. Additionally, the court needed to address the issue of whether any further subpoenas should be issued without leave.

Berman J's reasoning involved granting leave for the respondent to file several affidavits, with further consideration to be given on 3 April 2017 regarding their admissibility. Leave was also granted for the respondent to file one further affidavit in response to Ms F's affidavit. The court ordered that neither party could issue further subpoenas without leave. Crucially, by consent, the parties were ordered to jointly instruct a single expert, Charter Keck Cramer, to undertake valuations of furniture and effects, and to prepare updated valuations of several specified properties. The applicant's solicitors were authorised to pay the costs of these valuations from funds held in trust, pending further order. The parties were also directed to comply with the reasonable directions of the experts.