Prentice and Maheris (No. 2)

Case

[2008] FamCA 1045

28 November 2008


Details
AGLC Case Decision Date
Prentice and Maheris (No. 2) [2008] FamCA 1045 [2008] FamCA 1045 28 November 2008

CaseChat Overview and Summary

This matter came before Young J concerning financial applications between the parties, Prentice and Maheris. The dispute involved the valuation of real properties and the calculation of potential capital gains tax arising from their sale.

The court was required to determine several legal issues, including the appointment of single experts to value specific real estate and to calculate the likely capital gains tax payable on any sale. Additionally, the court needed to address the liability for the single experts' fees and the management of rental income from a property.

The court, by consent of the parties, ordered the adjournment of further interim financial applications to a specified date. It also ordered the joint appointment of V Real Estate Valuers to value two properties and advise on sale costs, and M Forensic Accountants to calculate potential capital gains tax. The parties were ordered to jointly bear the single experts' fees in the first instance, with liberty to apply at trial. Further orders concerned the provision of documents to experts, property access, and the establishment of a joint rental account into which rental income would be deposited and used for loan repayments. Costs were reserved.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Costs

  • Expert Evidence

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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