Taveray and Wedgewood and Anor

Case

[2018] FamCA 183

26 March 2018


Details
AGLC Case Decision Date
Taveray and Wedgewood and Anor [2018] FamCA 183 [2018] FamCA 183 26 March 2018

CaseChat Overview and Summary

This matter came before Forrest J concerning an application in a case between Taveray and Wedgewood and Anor. The dispute involved directions for the conduct of a trial, including disclosure of documents, filing of affidavits, and arrangements for expert witnesses.

The court was required to determine the appropriate orders regarding the trial listing, the extent of disclosure of documents, particularly those provided to single expert valuers, and the timelines for filing and serving trial affidavits and financial statements for both parties. Further issues included the procedure for cross-examining single expert valuers and the listing of a compliance mention.

Forrest J ordered that the trial listing be vacated and relisted for a later date. Crucially, the respondents were directed to disclose all disclosable documents not yet provided to the wife, specifically including documents or data given to single expert valuers. Timelines were set for the filing and service of various affidavits and financial statements by both the wife and the husband, with provisions for reliance on affidavits filed in accordance with these directions. The court also stipulated a notice period for cross-examination of single expert valuers and set a date for a further compliance mention. The costs of the application were reserved.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Discovery

  • Expert Evidence

  • Costs

  • Reliance

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

1

Hearne v Street [2008] HCA 36
Hearne v Street [2008] HCA 36