Younan and Younan

In *Younan and Younan* [2014] FamCA 65, the Family Court of Australia, Melbourne, heard an urgent application concerning a valuation issue in proceedings between Mr Younan (the applicant husband) and Ms Younan (the respondent wife). The application was brought in relation to a trial listed to commence the following week.

The primary legal issue before the court was whether to grant the husband leave to vary an existing injunction to allow a valuer access to a storage facility containing certain artefacts. This access was necessary for the purpose of valuation, but an earlier court order had precluded the parties and their agents from accessing the facility. The wife opposed the application, arguing that the filing of an affidavit following the valuation would be late and that the evidence supporting the application was vague.

Justice Cronin reasoned that the court's mandate under section 79(2) of the *Family Law Act 1975* (Cth) to ensure just and equitable orders required careful consideration of applications to obtain necessary evidence, particularly when a trial date was imminent and both parties wished to maintain it. The court acknowledged the lack of trust between the parties and adopted a sensible proposition that the valuer, Mr O, would be permitted access to the storage facility, accompanied by an individual who could identify the artefacts. The court also granted the husband leave to file an affidavit from Mr O by a specified date, noting that the purpose of the exercise was to present evidence to the court.

The court ordered that the husband forthwith instruct N Storage to permit access to the storage facility containing the R collection by valuer Mr O, with Mr P also permitted to be present. The husband was granted leave to file and serve an affidavit by Mr O by no later than 4:00 pm on 29 January 2014. The costs of the day were reserved, and the court deemed it reasonable to engage counsel to attend. An application filed on 23 January 2014 was dismissed, and the reasons for the judgment were ordered to be transcribed.