FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Minke & Minke (No 3) [2024] FedCFamC1F 860
File number SYC 9122 of 2022 Judgment of WILSON J Date of judgment 11 December 2024 Catchwords FAMILY LAW – PRACTICE AND PROCEDURE –experts’ evidence – experts’ reports – application for leave to rely on adversarial expert witness report – application allowed. Legislation Federal Circuit and Family Court of Australia (Family Law) Rules 2021 r 7.08(2)
Evidence Act 1995 s 55
Cases cited Minke & Minke (No 2) [2024] FedCFamC1F 157
Verdon v Verdon (2020) 62 Fam LR 573
Keevers & Keevers [2021] FedCFamC1F 338
Neales & Neales (2022) 64 Fam LR 592
Toma & Doyle [2022] FedCFamC1F 215
Division Division 1 First Instance Number of paragraphs 20 Date of hearing 9 December 2024 Place Melbourne Counsel for the applicant Mr G. Richardson SC Solicitor for the applicant Barkus Doolan Winning Counsel for the respondent Mr S. Williams KC Solicitor for the respondent Walter & Elliott Family Lawyers Pty Ltd ORDERS
SYC 9122 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN MS MINKE
Applicant
AND MR MINKE
Respondent
ORDER MADE BY
WILSON J
DATE OF ORDER
11 DECEMBER 2024
THE COURT ORDERS THAT –
1.The applicant wife has leave to adduce evidence from Mr S in accordance with the affidavit of Mr S filed.
2.On or before Monday, 13 January 2025 Ms F, Ms D and Mr S must confer in relation to any issue arising from their respective valuation reports dated 25 January 2024 and 11 March 2024, the joint statement dated 31 May 2024 and Mr S’s valuation report dated 11 November 2024 and produce a further joint Statement by 7 February 2025 which –
(a)identifies the issues that are agreed and not agreed in respect of the value of J Pty Ltd as at 30 June 2011;
(b)if practicable seeks to narrow or otherwise reach agreement on any outstanding issue in respect of the value of J Pty Ltd as at 30 June 2011;
(c)identifies the reasons for disagreement on any issue in respect of the value of J Pty Ltd as at 30 June 2011 and records the contentions of each as to why his/her view should be preferred; and
(d)identifies what action (if any) may be taken or further information provided to resolve the outstanding issues.
3.The costs of all parties are reserved.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an…
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CaseChat Overview and Summary
In granting the application, the court considered the need for clarity and resolution of the outstanding valuation issues. The court noted the importance of ensuring that all parties had the opportunity to address the evidence in a comprehensive manner. The court ordered that Ms Minke could adduce evidence from Mr S in accordance with his affidavit. Additionally, the court mandated a conference among the experts involved, namely Ms F, Ms D, and Mr S, to address the discrepancies in their respective valuation reports. This was to produce a joint statement by 7 February 2025 that would detail the agreed and disagreed issues, the reasons for any disagreements, and the potential actions to resolve these issues. The court emphasised the need for a transparent and collaborative approach among the experts to facilitate a fair and efficient resolution of the valuation dispute.
The final orders provided specific directions for the experts to collaborate and produce a joint statement by 7 February 2025. The court reserved the costs of all parties, indicating that these would be addressed at a later stage. This decision underscored the court's commitment to ensuring that the proceedings were conducted in a manner that facilitated the resolution of the underlying dispute. The orders reflected the court's intention to promote cooperation among the parties and their experts, aiming to resolve the valuation issues in a timely and effective manner.
Orders
Orders of the court
SYC 9122 of 2022
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN
MS MINKE
Applicant
AND
MR MINKE
Respondent
ORDER MADE BY
WILSON J
DATE OF ORDER
11 DECEMBER 2024
THE COURT ORDERS THAT –
1. The applicant wife has leave to adduce evidence from Mr S in accordance with the affidavit of Mr S filed.
2. On or before Monday, 13 January 2025 Ms F, Ms D and Mr S must confer in relation to any issue arising from their respective valuation reports dated 25 January 2024 and 11 March 2024, the joint statement dated 31 May 2024 and Mr S’s valuation report dated 11 November 2024 and produce a further joint Statement by 7 February 2025 which –
(a) identifies the issues that are agreed and not agreed in respect of the value of J Pty Ltd as at 30 June 2011;
(b) if practicable seeks to narrow or otherwise reach agreement on any outstanding issue in respect of the value of J Pty Ltd as at 30 June 2011;
(c) identifies the reasons for disagreement on any issue in respect of the value of J Pty Ltd as at 30 June 2011 and records the contentions of each as to why his/her view should be preferred; and
(d) identifies what action (if any) may be taken or further information provided to resolve the outstanding issues.
3. The costs of all parties are reserved.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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