Quoc & Quoc (No. 2)
Case
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[2007] FamCA 1629
•6 December 2007
Details
AGLC
Case
Decision Date
Quoc & Quoc (No. 2) [2007] FamCA 1629
[2007] FamCA 1629
6 December 2007
CaseChat Overview and Summary
In *Quoc & Quoc (No. 2)*, Murphy J of the Family Court of Australia considered applications by the Husband and the Wife concerning property division and the valuation of assets, including those located overseas. The proceedings involved a dispute over the value of various assets and the husband's request for permission to travel overseas.
The primary legal issues before the court were whether to grant the Husband's applications for final orders and an amended application in a case, and whether to permit the Husband to travel overseas. Additionally, the court was required to determine the appropriate method for valuing the parties' assets, particularly those situated outside of Australia, and to manage any disputes arising during the valuation process.
Murphy J dismissed the Husband's applications for final orders and his amended application in a case. The court also dismissed the Wife's amended response to an application in a case, on the basis that the Husband had been granted leave to file an application under section 65Y of the *Family Law Act 1975* to be determined at trial. Crucially, the court appointed a single expert, Mr M of P Partners, to value the parties' property, companies, businesses, trust assets, and resources wherever situated. The expert was directed to request necessary information from the parties, report any failures to provide such information, and manage disputes arising in the ordinary course of business of C Pty Ltd as trustee of the Quoc Trust. The expert was prohibited from travelling outside Australia without leave of the court. The costs of the expert and the valuation were to be borne equally by the parties. The matter was to be listed for case management by a Registrar following the completion of the valuation report, with costs reserved.
The primary legal issues before the court were whether to grant the Husband's applications for final orders and an amended application in a case, and whether to permit the Husband to travel overseas. Additionally, the court was required to determine the appropriate method for valuing the parties' assets, particularly those situated outside of Australia, and to manage any disputes arising during the valuation process.
Murphy J dismissed the Husband's applications for final orders and his amended application in a case. The court also dismissed the Wife's amended response to an application in a case, on the basis that the Husband had been granted leave to file an application under section 65Y of the *Family Law Act 1975* to be determined at trial. Crucially, the court appointed a single expert, Mr M of P Partners, to value the parties' property, companies, businesses, trust assets, and resources wherever situated. The expert was directed to request necessary information from the parties, report any failures to provide such information, and manage disputes arising in the ordinary course of business of C Pty Ltd as trustee of the Quoc Trust. The expert was prohibited from travelling outside Australia without leave of the court. The costs of the expert and the valuation were to be borne equally by the parties. The matter was to be listed for case management by a Registrar following the completion of the valuation report, with costs reserved.
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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Costs
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Expert Evidence
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Jurisdiction
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Remedies
Actions
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Citations
Quoc & Quoc (No. 2) [2007] FamCA 1629
Cases Citing This Decision
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