SPURLING & SPURLING

In the matter of *Spurling & Spurling*, Benjamin J of the Family Court of Australia considered an application concerning the valuation of certain properties. The dispute involved the husband and wife, and the court was tasked with determining the appropriate method for obtaining an independent valuation of land, buildings, and water rights located at "C Street, D Town in New South Wales" and "E Street, D Town in New South Wales".

The primary legal issue before the court was whether to appoint a single expert witness to value the specified properties. This involved considering the Family Law Rules and the parties' respective submissions and affidavits filed in relation to this issue. The court also had to determine the terms of such an appointment, including access to the properties, the provision of information, and the allocation of costs.

Benjamin J ordered the appointment of B Valuers as a single expert witness to provide a written report on the value of the properties. The husband was directed to provide access to the properties for the expert. The parties were also ordered to jointly issue a letter of instruction to the expert within twenty-one days and to provide any further requested information or documents within seven days of such a request. Crucially, the costs of the single expert report were to be borne by F Pty Ltd. Furthermore, the solicitors for each party were restrained from charging their respective clients legal fees related to the preparation and filing of submissions and affidavits concerning the appointment of the single expert.