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Tag: Property Settlement

Agosta & Haldane – Why Expert Evidence Still Matters in Property Disputes

20/09/2024

In property settlement matters, one of the more difficult preparation tasks can be the Balance Sheet. Parties are often at odds with the values to be attributed to certain items and this will generally result in the appointment of Single Experts to value even seemingly insignificant assets. For that reason, it is not uncommon, and generally welcomed by the parties, to look to lay sources such as market appraisals for real estate or Redbook searches for motor vehicles and the like. But what happens if no agreement is reached on values, the parties don’t reach agreement, and the matter proceeds to hearing with only lay evidence of valuations?

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Thanos & Thanos – Poor Preparation, Conflicting Affidavits, and a Case in Collapse

05/07/2024

When parties separate and need to effect an adjustment/distribution of assets it is imperative that they comply with the obligation to make full and frank disclosure and engage honestly in any negotiations and attempts to settle the matter without the need for costly litigation. If the parties are unable to reach agreement and are ultimately before the Court it is similarly important that they comply with the Rules and Orders for the preparation of their case. A failure to do so can produce devastating outcomes.

| Read More

Agosta & Haldane – Why Expert Evidence Still Matters in Property Disputes

20/09/2024

In property settlement matters, one of the more difficult preparation tasks can be the Balance Sheet. Parties are often at odds with the values to be attributed to certain items and this will generally result in the appointment of Single Experts to value even seemingly insignificant assets. For that reason, it is not uncommon, and generally welcomed by the parties, to look to lay sources such as market appraisals for real estate or Redbook searches for motor vehicles and the like. But what happens if no agreement is reached on values, the parties don’t reach agreement, and the matter proceeds to hearing with only lay evidence of valuations?

| Read More

Thanos & Thanos – Poor Preparation, Conflicting Affidavits, and a Case in Collapse

05/07/2024

When parties separate and need to effect an adjustment/distribution of assets it is imperative that they comply with the obligation to make full and frank disclosure and engage honestly in any negotiations and attempts to settle the matter without the need for costly litigation. If the parties are unable to reach agreement and are ultimately before the Court it is similarly important that they comply with the Rules and Orders for the preparation of their case. A failure to do so can produce devastating outcomes.

| Read More

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