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Family Law Valuations

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Family Law Valuations for Single Parties

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Fedral Circuit Court Rules

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Family law valuations are mainly through a single expert. The valuer has a Overarching Obligations to the court. The conduct of family assessments and the subsequent development of family reports play a critical role in the decision-making process of judicial officers when dealing with family law disputes that are before the courts. The Act and the Family Law Rules set out specific requirements for the ordering of valuation reports. The parties must take this into consideration when they provide instructions to the valuer.

A family valuation is a professional forensic valuation undertaken to assist a court and/or the parties to decide on property settlements. It is an independent, professional forensic valuation of the property. Valuation conducted to a single party should take in to account the objective analysis and be prepared in a manner the valuation is accurate. The courts will almost certainly reject bias reports prepared as an advocate.

The opinions valuer express in the report are to be independent and impartial. Valuer must give an objective and unbiased opinion that is also independent and impartial on matters that are within the valuer’s knowledge and capability and consider all material facts, including those that may detract from the valuer’s opinion. Valuer must make all the inquiries that the valuer believe are necessary and appropriate. Valuer must not omit any relevant matters from valuation report, except as otherwise specifically stated in the valuation report.

Family Law Valuations are mainly prepared to the Federal Circuit Court of Australia. The valuer not only need to follow the Family Law Rules, but also the Federal Law Rules. Valuer’s duty is to the Court. For the form of valuation evidence, a valuer should be guided by the Federal Court practice direction guidelines for valuers. If a valuer has made a report on a valuation for a single party, another party may adduce valuation of another valuer with the leave of the court.