Owens and Owens

Case

[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.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Expert Evidence

  • Injunction

  • Costs

  • Remedies

Actions
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