Property Settlement - Single Expert



What is a Single Expert Witness?

A single expert witness is someone who has extensive knowledge and experience of the issue in dispute. They can provide expert evidence either written or orally to a court or other tribunal.

The single expert does not represent the applicant or the respondent. The expert will not be bias as they are not looking to further the case on one persons behalf.

Types of Single Experts

The following is a list of the types of experts that may be used. This list is not exhaustive but is just an example of the types of single experts that may be appointed to your matter

  • Property valuation
  • Business valuation
  • Children’s expert
  • Psychologist
  • Psychiatrist
  • Forensic accountant

Appointing a Single Expert

There are two ways to obtain an expert witness in a matter. Either both party’s agree or the court orders that one be appointed.

Without court orders

To appoint a single expert during court proceedings without a court order, both parties will need to agree on the appointment of the expert.

With Court Orders

The court may order that a single expert be appointed and may take into account the following factors

  • If it will assist in the resolution of the matter
  • If the cost to the parties is reasonable in the circumstances
  • The court will ensure that parties obtain expert evidence only in relation to the significant issue in dispute
  • That it is practical and does not interfere with the interests of justice
  • To avoid unnecessary costs
  • Whether expert evidence is necessary
  • The nature of the issue in dispute
  • Whether the court will need more expert witnesses, to have a range of opinion.

If you would like to know more or to book an appointment, please contact us at Armstrong Legal and talk to one of our specialist family law solicitors on 02 9261 4555.





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