Owens and Owens
Case
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[2014] FamCA 933
•31 October 2014
Details
AGLC
Case
Decision Date
Owens and Owens [2014] FamCA 933
[2014] FamCA 933
31 October 2014
CaseChat Overview and Summary
In the matter of *Owens and Owens*, Berman J of the Family Court of Australia was required to determine applications concerning the valuation of a property located at V Street, Suburb P. The proceedings involved a dispute between the parties regarding the steps to be taken for the valuation of this asset.
The central legal issue before the court was how to proceed with obtaining an independent valuation of the jointly owned property. This involved determining the process for appointing a single expert valuer and the documentation to be provided to that expert. The court also considered the dismissal of interim proceedings.
Berman J ordered that the parties, at their joint and equal expense, use their best endeavours to nominate and jointly instruct a single expert valuer. The nominated expert was to be provided with a joint letter of instruction, specific affidavits, and a copy of certain correspondence. The mother was directed to facilitate an inspection of the property if requested by the expert. The court further ordered that the interim proceedings be dismissed.
The central legal issue before the court was how to proceed with obtaining an independent valuation of the jointly owned property. This involved determining the process for appointing a single expert valuer and the documentation to be provided to that expert. The court also considered the dismissal of interim proceedings.
Berman J ordered that the parties, at their joint and equal expense, use their best endeavours to nominate and jointly instruct a single expert valuer. The nominated expert was to be provided with a joint letter of instruction, specific affidavits, and a copy of certain correspondence. The mother was directed to facilitate an inspection of the property if requested by the expert. The court further ordered that the interim proceedings be dismissed.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Expert Evidence
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Injunction
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Costs
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Remedies
Actions
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Citations
Owens and Owens [2014] FamCA 933
Cases Citing This Decision
0
Cases Cited
5
Statutory Material Cited
0
Spencer v The Commonwealth
[1907] HCA 82
Spencer v The Commonwealth
[1907] HCA 82