Payne & Payne

[2009] FamCA 1005

FAMILY COURT OF AUSTRALIA

PAYNE & PAYNE [2009] FamCA 1005

FAMILY LAW – PRACTICE AND PROCEDURE – Expert valuations

Family Law Act 1975 (Cth)
Family Law Rules 2004 (Cth)

APPLICANT: Ms Payne

RESPONDENT: Mr Payne

FILE NUMBER: MLC 13042 of 2007

DATE DELIVERED: 20 October 2009

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Mushin J

HEARING DATE: 20 October 2009

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Benjamin

SOLICITOR FOR THE APPLICANT: ROBERT WOOD & ASSOCIATES

COUNSEL FOR THE RESPONDENT: Mr Fookes

SOLICITOR FOR THE RESPONDENT: AUGHTERSONS

Orders
IT IS ORDERED THAT

1. The parties forthwith do all things and sign all documents necessary to instruct M Accountants to update the single expert reports dated 31 March 2008 and 4 March 2009.

2. Notwithstanding paragraph 1 hereof each of the parties be and is hereby at liberty to provide independent material to M Accountants for consideration in that report and contemporaneously provide to the other party copy of any such material.

3. To better enable compliance with paragraph 1 hereof the parties:

   a.   provide to M Accountants copies of all documents discoverable in these proceedings other than those subject to an objection to production by reason of a claim of privilege or other like matter; and

   b.   provide to M Accountants either an agreed position or copies of reports with regard to revaluation of any asset which will be required for completion of such report.

4. The husband’s application for review of the order of Registrar Kaur made on 1 May 2009 be allowed and the said order be set aside.

5. Any report which was the subject of the said order be forthwith removed from the Court file and returned to the party filing same.

6. All applications be adjourned to a Directions Hearing before Registrar Kaur on a date to be fixed by the Court and advised to the parties.

7. All questions of costs be reserved.

8. General liberty be reserved to both parties to apply.

IT IS CERTIFIED

1. Pursuant to Rule 19.50 of the Family Law Rules 2004 this matter reasonably required the attendance of counsel.

IT IS NOTED that publication of this judgment under the pseudonym Payne & Payne is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 13042 of 2007

MS PAYNE

Applicant

And

MR PAYNE

Respondent

REASONS FOR JUDGMENT

1. The substantive proceedings are brought puruant to section 79 of the Family Law Act 1975 seeking alteration of property interests as a result of the breakdown of the parties’ marriage.  They were issued some time ago and the parties are still embroiled in interlocutory applications.  It would appear at this stage that the two main areas of dispute are first, the question of whether the husband has made full and frank disclosure by way of discovery of all relevant documents in the proceedings, and secondly, as to whether a single expert previously appointed should continue in that capacity or whether there should be a new expert appointed. 

2. Previous orders…