MOSS & MOSS

The Family Court of Australia considered property adjustment orders between Mr. Moss (the applicant husband) and Ms. Moss (the respondent wife). The dispute concerned the division of a substantial asset pool following the parties' separation in August 2010. While the parties had reached compromise on parenting orders, they were unable to agree on the division of their financial interests.

The court was required to determine a just and equitable division of the parties' assets. Key issues included the admissibility of single expert evidence regarding property valuation, the alleged extravagant spending and waste of matrimonial property by the husband, and whether a splitting order in relation to the husband's superannuation entitlements was warranted. The court also had to consider the admissibility of adversarial expert evidence concerning the value of the former matrimonial home.

Justice Austin found that the allegations of extravagant spending and waste by the husband were unfounded. The court rejected the single expert evidence regarding property valuation, as the underlying reasons for the expert's report were not exposed and the facts and assumptions were not proven, citing principles from *Dasreef Pty Ltd v Hawchar*. The court also declined to admit adversarial expert evidence on the value of the former matrimonial home, stating that a difference in ultimate opinion alone is not a special reason to admit such evidence. Applying the principles of *Chorn & Hopkins* and *Coghlan & Coghlan*, the court determined that an equal distribution of the asset pool was just and equitable, given the substantial contributions of both parties.

The court ordered that the wife be the sole legal and beneficial owner of the former matrimonial home, with the husband to transfer his interest. The wife was to indemnify the husband against all outgoings and liabilities related to the property. The remaining assets were to be divided, with specific orders for the disbursement of funds from joint bank accounts and the allocation of various other assets and liabilities between the parties. The court also appointed the wife as trustee for the sale of a marine vessel, with specific terms for its sale and the distribution of proceeds.