Expert Witness Reports

It is common that parties in a family law property dispute do not agree on the valuation of an asset. This regularly occurs regarding the family home or an investment property. In family law proceedings the Family Court Rules provide that if the parties to a proceeding agree that expert evidence may assist to resolve the dispute, they may agree to jointly appoint a single expert witness to prepare a report to assist the Court. This witness may also be appointed by the Court.

When a valuation is required for a real property, such as a residential house, unit or commercial premises, a suitably qualified, experienced valuer should be engaged. While the parties are free to agree on the expert who is to provide the report, it is common practice for one party to select a panel of three experts that the other party can choose from. The expert witness should be an independent expert who will prepare a single expert report providing the valuation.

This valuation will be relied upon by the parties and the Court, unless one of the parties further disputes the valuation. It is only in limited circumstances that a new report can be relied upon in the proceedings, and this will require the permission of the Court.

If you are a suitably qualified valuer, and would like to join our panel of experts, please reach out for a discussion.