Wheller and Wheller (No 2)

In the matter of *Wheller and Wheller (No 2)*, Justice Macmillan of the Federal Circuit Court of Australia considered an application by the wife concerning the valuation of various business and trust interests held by the parties. The dispute centred on the admissibility of expert evidence and the subsequent procedural steps required to resolve these valuation issues.

The primary legal issue before the court was whether the wife should be permitted to adduce evidence from a chartered accountant, Mr A, regarding the valuation of her and the husband's interests in several entities, including the BB Group, a superannuation fund, an investment trust, and various proprietary and family trusts. The court also had to determine the procedural framework for the presentation and resolution of these valuation disputes, including the filing of affidavits and the potential for expert conferencing.

Justice Macmillan permitted the wife to adduce the evidence from Mr A, acknowledging the need for expert opinion on the complex valuations. The court then established a clear timetable for the parties to file Mr A's affidavit, for Mr A and the husband's nominated expert, Mr H, to confer, and for them to provide a joint report detailing areas of agreement and disagreement. The court also ordered the husband to pay the wife's costs associated with her application, while otherwise dismissing the application.