FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Nassir & Nassir [2025] FedCFamC2F 199
File number(s): MLC 4548 of 2022 Judgment of: JUDGE O'SHANNESSY Date of judgment: 23 January 2025 Catchwords: FAMILY LAW – Property – where the matter was listed for final hearing for three days – where after discussion with counsel, it was submitted that this matter could be a five or six day matter – where there was as issue of waiver from professional legal privilege with respondents previous solicitor – where there was a single expert witness appointed to undertake a valuation of the parties business – where the respondent seeks to admit further evidence of an adversarial witness of another valuation of the parties business – where there is discrepancy between both valuations – where the court ordered for both parties objections to be sent to chambers – where counsel was directed to email their revised objections and their response to these objections to chambers. Legislation: Federal Circuit and Family Court of Australia (Family Law) Rules 2021 rule 7.08 Cases cited: Antonescu & Antonescu [2024] FedCFamC1F 468
Neales & Neales [2022] FedCFamC1A 41
Division: Division 2 Family Law Number of paragraphs: 59 Date of last submission/s: 30 January 2025 Date of hearing: 22-23 January 2025 Place: Melbourne Counsel for the Applicant: Mr Goddard Solicitor for the Applicant: Pearsons Lawyers Pty Ltd Counsel for the Respondent: Mr Mellas Solicitor for the Respondent: Kyriacou Lawyers Pty Ltf ORDERS
MLC 4548 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS NASSIR
Applicant
AND: MR NASSIR
Respondent
ORDER MADE BY:
JUDGE O'SHANNESSY
DATE OF ORDER:
23 JANUARY 2025
THE COURT ORDERS BY CONSENT THAT:
1.On or before 7 February 2025 the Husband’s solicitors shall provide to the Wife’s solicitors and the single expert Ms M all documents that have been previously been provided to the Husband’s expert witness Mr C of D Law Firm.
2.Until further order each of the parties, their servants and agents shall be restrained by injunction from communicating with Mr C without the other party or their solicitor being party to such communications save and except the Husband’s counsel may confer with Mr C for the purposes of counsel’s preparation after the experts have provided their joint statement to the parties pursuant to order 3 hereof.
3.Ms M and Mr C (the experts) shall attend upon and engage in a conference on or before 28 February 2025 and produce a joint statement on or before 28 March 2025 in accordance with Rule 7.31(3) of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (set out in Notation A below).
4.In such conference and joint statement the experts shall discuss any issues arising in their respective valuations of the Husband’s interest in the business E Pty Ltd including but not limited to matters raised in Ms M’s updated reported dated 22 November 2024 and Mr C’s report dated 17 December 2024.
AND THE COURT ORDERS THAT:
5.The…
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- AGLC
- Nassir & Nassir [2025] FedCFamC2F 199
- Case
- [2025] FedCFamC2F 199
- Decision Date
CaseChat Overview and Summary
The court faced several legal issues, including the waiver of professional legal privilege by the respondent's previous solicitor, the admissibility of additional expert evidence, and the management of expert witnesses' costs. Additionally, the court needed to decide on the procedure for expert evidence presentation, whether through 'hot-tubbing' or adversarial witness method, and the interim restraint on the respondent's superannuation funds. The court also had to manage the procedural timeline, ensuring that objections and responses were filed and reviewed appropriately before the final hearing.
In its reasoning, the court ordered that the parties' solicitors exchange all relevant documents previously shared with the respondent's expert. It mandated a conference between the experts, requiring them to produce a joint statement addressing the discrepancies in their valuations. The court also directed the applicant's solicitors to inquire about the expert's preference for the method of giving evidence. The court further restrained the respondent from reducing his superannuation interest below a specified amount until further order. The matter was adjourned to allow for these processes to be completed, with specific instructions for filing any necessary further affidavits and outlining the case.
The final orders included provisions for document exchange, expert conferences, evidence presentation methods, interim financial restrictions, and procedural timelines for objections and further affidavits. The hearing was set for 18 August 2025, with priority before Judge O’Shannessy in the Dandenong Registry. The court emphasised the importance of adhering to the outlined procedures and deadlines to ensure the trial's readiness.
Orders
Orders of the court
MLC 4548 of 2022
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS NASSIR
Applicant
AND:
MR NASSIR
Respondent
ORDER MADE BY:
JUDGE O'SHANNESSY
DATE OF ORDER:
23 JANUARY 2025
THE COURT ORDERS BY CONSENT THAT:
1. On or before 7 February 2025 the Husband’s solicitors shall provide to the Wife’s solicitors and the single expert Ms M all documents that have been previously been provided to the Husband’s expert witness Mr C of D Law Firm.
2. Until further order each of the parties, their servants and agents shall be restrained by injunction from communicating with Mr C without the other party or their solicitor being party to such communications save and except the Husband’s counsel may confer with Mr C for the purposes of counsel’s preparation after the experts have provided their joint statement to the parties pursuant to order 3 hereof.
3. Ms M and Mr C (the experts) shall attend upon and engage in a conference on or before 28 February 2025 and produce a joint statement on or before 28 March 2025 in accordance with Rule 7.31(3) of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (set out in Notation A below).
4. In such conference and joint statement the experts shall discuss any issues arising in their respective valuations of the Husband’s interest in the business E Pty Ltd including but not limited to matters raised in Ms M’s updated reported dated 22 November 2024 and Mr C’s report dated 17 December 2024.
AND THE COURT ORDERS THAT:
5. The Applicant’s solicitors shall inquire of Ms M in writing (and advise the Court) within 7 days of the end of the conference of experts as to whether she has any objection to her evidence being given by way of ‘hot-tubbing’ or by way of the adversarial witness and Ms M giving their evidence in the presence of the other.
6. The witnesses’ costs of compliance with orders 3-5 herein shall be borne by the Husband at first instance subject to the discretion of the presiding trial Judge to order otherwise at the conclusion of the trial.
7. Until further order the Husband be restrained by injunction from drawing down on, transferring or otherwise doing anything to reduce his superannuation interest held by Super Fund 1 to less than $110,000.
AND THE COURT FURTHER ORDERS BY CONSENT THAT:
8. Prior to the adjourned hearing date the parties shall not file any further affidavit material save and except insofar as such affidavits depose to events that take place after the date of these orders.
AND THE COURT FURTHER ORDERS THAT:
9. The parties revised objection to the other parties affidavit and the revised responses be provided to the Court on or before 30 January 2025 on the understanding the objections be considered in Chambers and not ruled at a further hearing.
Further hearing
10. The matter be adjourned to 18 August 2025 at 10.00am (for an estimated 5 days) with priority before Judge O’Shannessy in the Dandenong Registry.
11. Any further Outline of Case deemed necessary by any party is to be filed no later than 7 days prior to the above date.
12. The parties be at liberty to apply to Chambers as to any matter that may impede readiness of the trial.
AND THE COURT NOTES THAT:
A. Rule 7.31(3) provides:
(3) At the conference, the expert witnesses must:
(a) identify the issues that are agreed and not agreed; and
(b) if practicable, reach agreement on any outstanding issue; and
(c) identify the reason for disagreement on any issue; and
(d) identify what action (if any) may be taken to resolve any outstanding issues; and
(e) prepare a joint statement specifying the matters referred to in paragraphs (a) to (d) and deliver a copy of the statement to each party.
B. If in any proceedings there are allegations of family violence and the provisions of section 102NA of the Family Law Act 1975 apply (see attached Family Violence Information Sheet), any unrepresented party will not be permitted to personally cross-examine the other party/parties.
C. Affected unrepresented parties may apply to the court and then to the Commonwealth Family Violence and Cross-Examination of Parties Scheme (“the Scheme”) for representation but any such application must be made at least 12 weeks prior to the final hearing.
D. Further information about the legislation and the Scheme can be found at Part 4 of the attached Family Violence Information Sheet.
E. If s102NA applies and a party becomes unrepresented after trial directions have been made, that party is required to promptly advise the Court.
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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