RATNAYAKE & PRADEEP
Case
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[2015] FamCA 703
•4 August 2015
Details
AGLC
Case
Decision Date
RATNAYAKE & PRADEEP [2015] FamCA 703
[2015] FamCA 703
4 August 2015
CaseChat Overview and Summary
In the matter of *Ratnayake & Pradeep*, heard before Johns J, the dispute concerned property division between a husband and wife. The court was tasked with determining the appropriate steps for valuing a specific property located at C Street, Suburb B, as part of the overall settlement.
The primary legal issue before the court was how to facilitate a fair and agreed-upon valuation of the subject property. This involved establishing a process for selecting a valuer and ensuring the valuation was conducted in a manner acceptable to both parties. The court also needed to address outstanding interim applications.
Johns J ordered that both the husband and wife obtain a sworn valuation of the property within 30 days, with the costs to be shared equally. To facilitate this, the husband was directed to propose three potential valuers for the wife to select one. The solicitors for each party were to issue a joint letter of instruction to the chosen valuer. Furthermore, all existing interim applications were dismissed, and the matter was adjourned to a conciliation conference scheduled for 18 September 2015.
The primary legal issue before the court was how to facilitate a fair and agreed-upon valuation of the subject property. This involved establishing a process for selecting a valuer and ensuring the valuation was conducted in a manner acceptable to both parties. The court also needed to address outstanding interim applications.
Johns J ordered that both the husband and wife obtain a sworn valuation of the property within 30 days, with the costs to be shared equally. To facilitate this, the husband was directed to propose three potential valuers for the wife to select one. The solicitors for each party were to issue a joint letter of instruction to the chosen valuer. Furthermore, all existing interim applications were dismissed, and the matter was adjourned to a conciliation conference scheduled for 18 September 2015.
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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Discovery
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Injunction
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Procedural Fairness
Actions
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Citations
RATNAYAKE & PRADEEP [2015] FamCA 703
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