How To Challenge A Valuation Report Of A Single Expert

Where the value of an asset is in dispute in property settlement proceedings, the parties are required, pursuant to the Federal Circuit and Family Court of Australia (Family Law) Rules 2021, to jointly appoint a Single Expert to prepare a written report as to the value of the asset.

If a Single Expert witness has been appointed, the parties cannot tender a report from another expert about the same issue, without the Court’s permission.

The Court may allow a report from another witness to be adduced if it is satisfied that:

        1. There is a substantial body of opinion contrary to any opinion given by the Single Expert which is or may be necessary for determining the issue; or

        2. Another expert knows of matters not known to the Single Expert which may be necessary for determining the issue; or

        3. There is another special reason for adducing evidence from another expert.

The purpose of the Rules in relation to Single Experts is to avoid a “battle of experts” and disproportionate costs being incurred by the parties and the Court by the involvement of multiple experts.

The Rules accordingly provide two processes for the parties to obtain clarification about a report of a Single Expert. The parties can hold a conference with the Single Expert if they agree, and either party may put questions to the Single Expert in writing.

It has been held that these processes should be utilised before making an application to the Court for leave to tender a report from another expert. There are strict time frames that apply to each of these processes which must be observed.

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