I don't like my single expert report, what can I do about it?

It is not uncommon, in the context of family law litigation, for one party to be unhappy with a jointly appointed single expert, and seek to obtain evidence from an adversarial expert.  A common example of this is where one party is of the view that a jointly obtained property valuation is too high or low.  Rule 15.49 of the Family Law Rules, however, restrains parties from tendering or adducing evidence from another expert without the Court’s permission.

In order for the Court to allow a party to tender or adduce evidence from an ‘adversarial expert’  a party must be able to satisfy the Court that:

1. There is a substantial body of opinion contrary to the opinion given by a single expert (the most common example of this is an adversarial expert relying on a different methodology in their report);
2. Another expert witness knows of matters not known to the single expert that are necessary for determining the issue; or
3. There is a special reason for adducing evidence from another expert.  

Disputes in relation to expert evidence can be complex. If you would like to discuss the impact adversarial evidence may have on your  property settlement, contact Coote Family Lawyers, recognised as one of the top family law firms in Melbourne, on (03) 9804 0035 today.

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