Rickett and Gull

Case

[2008] FamCA 715

14 July 2008


Details
AGLC Case Decision Date
Rickett and Gull [2008] FamCA 715 [2008] FamCA 715 14 July 2008

CaseChat Overview and Summary

In the matter of Rickett and Gull, Murphy J of the Family Court of Australia made orders concerning the appointment of a single expert to value various business entities and trusts. The dispute involved the husband and wife's respective interests in a complex web of companies and trusts, with the valuation required as at three specific dates: 1 September 2001, 31 August 2006, and the present date.

The court was required to determine the scope of the expert's mandate, including the specific entities to be valued and the dates for valuation. Further issues included the husband's obligation to disclose any other relevant interests and the production of necessary documentation to the expert. The court also addressed the apportionment of the expert's fees and the process for preparing the matter for a final hearing.

Murphy J applied the principles of Part 15.5 of the Family Law Rules 2004 in appointing Mr B of G Firm as the single expert. The reasoning involved defining the precise nature of the expert's task, ensuring comprehensive disclosure by the husband, and establishing a clear framework for the expert's report and subsequent procedural steps. The court's orders reflected a consent arrangement between the parties regarding document production and the timeline for preparing for a final hearing, with provisions for the event that consent directions could not be agreed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Expert Evidence

  • Costs

  • Discovery

  • Procedural Fairness

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