MILTON & MILTON

In the matter of MILTON & MILTON, Berman J of the Family Court of Australia considered applications by both the husband and the wife. The husband sought an order appointing a single expert, which the wife opposed. Concurrently, the wife sought an order restraining the husband's solicitors from representing him, alleging a conflict of interest.

The court was required to determine whether to deem a prepared report as a single expert report and appoint the author as a single expert, despite the wife's opposition. Additionally, the court had to consider whether the husband's solicitors were subject to a conflict of interest that would necessitate their removal from the case, specifically whether information gained from dealings with the wife could be misused to undermine the administration of justice.

Berman J reasoned that the report of Mr B of C Accountants dated 2 September 2016 should be deemed a single expert report under rule 15.44 of the Family Law Rules 2004, and that Mr B should be deemed a single expert jointly instructed by the parties under rule 15.45. Regarding the conflict of interest application, the court found no information had been gained or obtained by the husband's solicitors from their dealings with the wife such that its misuse might undermine the due administration of justice.

Consequently, the court ordered that the report of Mr B be deemed a single expert report, and Mr B be deemed a single expert. The wife's application seeking to restrain the husband's solicitors was dismissed. The court also dismissed the balance of the interim proceedings, with costs reserved for each party. The parties were directed to file further amended applications and responses providing better particulars of the final orders sought by 4 pm on 1 February 2017.