Family law valuations, prepared to be relied on by both sides.
In a property settlement the court’s intended course is a single expert valuation: one valuer, appointed by agreement between the parties or by order of the court, instructed jointly, whose report both sides rely on. Expert evidence in family law matters is governed by Part 7.1 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021. Because a second opinion on the same issue needs the court’s permission, the independence of the valuer and the quality of the letter of instruction do most of the work.
How the single expert process actually runs
The single expert can be appointed by agreement between the separating parties or by order of the court, and the expert must be willing to accept the appointment. Instruction is joint — usually one solicitor prepares a letter of instruction and the other confirms they are satisfied with it.
If a party disagrees with the report, the rules set out the sequence before anything else happens. Rule 7.25 allows a conference with the expert to clarify the report; rule 7.26 allows written questions, which must be put within 7 days of a conference or, if there is no conference, within 21 days of receiving the report. Questions are submitted once and must genuinely seek clarification.
Under rule 7.08, a party must not tender a report or present evidence from another expert on the same issue without the court’s permission. In Salmon & Salmon [2020] FamCAFC 134 the Full Court held that the questioning and conference processes must be used before applying for permission to rely on an adversarial expert.
The practical consequence: shopping for a friendlier number is not a strategy the rules accommodate. What is available to you is a properly scoped instruction, a full inspection, and the right to test the reasoning.
Source: Family Law Rules 2021, Part 7.1 and rules 7.08, 7.25 and 7.26 in practice. General information, not legal or tax advice.
Both solicitors, both parties, a mediator if the matter settles outside court, and the judge if it does not. The report is written to be tested — which is exactly why the reasoning is set out in full.
Questions separating parties ask
Can we just get our own valuations each?
You can obtain your own advice, but where a single expert has been appointed on an issue, rule 7.08 prevents a party from presenting another expert’s report on that issue without the court’s permission — and the court expects the conference and written question processes to be used first.
Who instructs the valuer?
Both sides, jointly. Typically one solicitor drafts the letter of instruction covering scope, the valuation date and inspection arrangements, and the other confirms they are satisfied with it.
Who pays for it?
Commonly the parties share the cost of a single expert rather than each paying for their own — one of the reasons the single expert approach exists.
What if I disagree with the figure?
Ask for a conference with the valuer under rule 7.25, or put written questions under rule 7.26 within the time limits — 7 days after a conference, or 21 days after receiving the report if there is no conference.
Does the valuer need to go inside the property?
For a family law valuation, yes. A full internal and external inspection is what allows the valuer to record condition, improvements and defects, and to defend the figure if it is challenged.
Can you value at a date in the past?
Yes, where the matter requires it. Retrospective valuations are prepared from evidence available at that date and the date is stated on the face of the report.
Often needed alongside a settlement
Market value, evidence standards and every deadline, state by state.
What the ATO expects when a value has to be set at a past date.
Retrospective valuations for probate, distribution and the CGT cost base.
Market value at 30 June, and the evidence an auditor will accept.