Nokomo and Wing

This matter concerned an application before McClelland J in the Family Court of Australia, arising from a dispute between a husband and wife regarding the valuation of certain properties. The core of the dispute revolved around the husband's alleged non-compliance with a previous court order made on 4 June 2018, specifically order 12.

The court was required to determine the appropriate method for valuing three specified properties located in New South Wales, should the husband fail to comply with the earlier order. The legal issues involved the extent to which the wife could unilaterally determine the valuation of these assets and the limitations to be placed on the husband's ability to challenge such valuations.

McClelland J reasoned that if the husband did not comply with the prior order within 28 days, the wife would be permitted to rely on the highest value identified in a valuation report obtained from a qualified valuer of her choosing. The court further stipulated that a "drive by" inspection, supported by reliance on comparable recent sales, would suffice for the valuation. Crucially, the husband would be restricted from presenting alternative evidence or cross-examining the wife's appointed valuer without prior leave of the Court.

Consequently, the court ordered that if the husband failed to comply with order 12 within the specified timeframe, the wife would be entitled to proceed with the valuation of the properties as outlined. The husband was also ordered to pay the wife's costs associated with this application.