FAMILY COURT OF AUSTRALIA
| PADNALL & PADNALL (NO. 3) | [2014] FamCA 904 |
| FAMILY LAW – EVIDENCE – Single Expert – Valuation of husband’s business interest – where single expert appointed but husband seeks to tender report of another expert witness – where significant difference in valuation and methodology – substantial body of opinion contrary to opinion given by single expert – leave granted to tender report. |
| Evidence Act 1995 (Cth) s 75 Family Law Rules 2004 (Cth) rr 15.49, 15.65 |
| Knight &Knight [2007] FamCA 263 Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705; [2001] NSWCA 305 Turnley & Turnley [2005] FamCA 584 Wilde & Wilde [2007] Fam CA 1044 |
| APPLICANT: | Mr Padnall |
| RESPONDENT: | Ms Padnall |
| INDEPENDENT CHILDREN’S LAWYER: | Legal Services Commission of SA |
| FILE NUMBER: | ADC | 1244 | of | 2012 |
| DATE DELIVERED: | 23 October 2014 |
| PLACE DELIVERED: | Adelaide |
| PLACE HEARD: | Adelaide |
| JUDGMENT OF: | Berman J |
| HEARING DATE: | 17 October 2014 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Jordan |
| SOLICITOR FOR THE APPLICANT: | Barnes Brinsley Shaw Lawyers |
| COUNSEL FOR THE RESPONDENT: | Mr McGinn |
| SOLICITOR FOR THE RESPONDENT: | David Burrell & Co |
| COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: | Mrs Lindsay |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Legal Services Commission of SA |
Orders
That leave be granted to the applicant husband to tender into evidence the reports of Mr H, Chartered Accountant dated 14 October 2013, 3 December 2013, 4 January 2014 and 26 September 2014 and to adduce further evidence from him at the final hearing of these proceedings.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Padnall & Padnall (No. 3) has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
| FAMILY COURT OF AUSTRALIA AT ADELAIDE |
FILE NUMBER: ADC 1244 of 2012
| Mr Padnall |
Applicant
And
| Ms Padnall |
Respondent
REASONS FOR JUDGMENT
INTRODUCTION
The trial in respect of property issues is listed to commence on 1 December 2014.
On 4 September 2014, I delivered reasons in respect of various outstanding interim applications leaving paragraph 1 of the husband’s Application in a Case filed 7 February 2014 outstanding.
In that application the husband seeks the following orders:-
(1)That order 1 of the orders sought in the Application in a Case filed by the husband on 16 October 2013 be varied such that leave be granted to the applicant husband pursuant to Rule 15.49 of the Family Law Rules to tender the report of [Mr H], Chartered Accountant, dated 14 October 2013, 3 December 2013 and 4 January 2014 and adduce further evidence from [Mr H] as required throughout these proceedings as to the issue of the value to be attributed to the business currently conducted by [P] Pty Ltd, the business conducted by [B] Investments Pty Ltd and the applicant husband’s interest in each of and either of those companies.
I do not propose to repeat at length the background set out in my reasons for judgment delivered on 4 September 2014.
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- Padnall & Padnall (No 3) [2014] FamCA 904
- Case
- [2014] FamCA 904
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether to grant the husband leave to introduce new documentary evidence and expert testimony from his chartered accountant. This involved an assessment of whether such evidence was necessary or desirable for the proper and just determination of the financial proceedings.
Berman J granted the husband's application, allowing the introduction of four specific reports from the chartered accountant dated 14 October 2013, 3 December 2013, 4 January 2014, and 26 September 2014. The court also permitted the husband to adduce further oral evidence from the accountant at the final hearing. The order reflects the court's discretion to admit evidence that it considers relevant and helpful to resolving the financial aspects of the marriage breakdown.
Orders
Orders of the court
1.
That leave be granted to the applicant husband to tender into evidence the reports of Mr H, Chartered Accountant dated 14 October 2013, 3 December 2013, 4 January 2014 and 26 September 2014 and to adduce further evidence from him at the final hearing of these 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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