A letter of instruction is not required for a Settlement Valuation, though one is welcome. It is required for a Family Law Expert Valuation. Whether formal or informal, we find it useful when the instruction covers the following. This is what helps us do the work; it is not advice on the form or content of instructions, and your own view of what the matter requires governs.
In family law proceedings a valuer may be appointed as a single expert, on the joint instruction of the parties or by order of the Court, to give evidence on the value of the business for both sides. We accept single expert instructions subject to conflict checking, scope review, suitable instructions and acceptance by the appointed expert. The appointed expert's overriding duty is to the Court, whoever pays the fee, and the expert does not act as an advocate for either party.
In a joint engagement we correspond with both sides equally, documents are provided through the instructing lawyers, and one round of factual corrections is included. Work outside the fixed fee is priced up front: Additional business or entity: from $1,500 + GST; Urgent turnaround: 25% surcharge; Formal questions, supplementary analysis and expert conferences: $650 + GST per hour; Remote court attendance: $650 + GST per hour, four-hour minimum; Interstate court attendance: $6,500 + GST per day, plus travel and accommodation at cost; Complex structures, forensic reconstruction, asset tracing and disputed financial records: quoted separately.
Whether a single expert is required, the form of the joint instruction, the procedure for questions to the expert and whether a party may adduce other expert evidence are matters for the parties and the Court under the rules that apply to the matter. Procedures differ between courts and registries. We do not advise on them; we work within the instructions you settle.
A Settlement Valuation can also be jointly instructed for a mediation or negotiation. The Settlement Valuation is prepared for negotiation and mediation purposes. It is not prepared for filing or reliance as expert evidence in court.
Every enquiry is treated as confidential from the moment it arrives. The conflict check is completed before the matter is discussed in detail, against the names of both parties, their solicitors, the business and its related entities. If a conflict exists we tell you promptly and do not proceed. Where one party has already approached us about a matter, we will not act for the other party alone; a joint instruction remains possible.
We do not discuss a matter with anyone the instructing party has not authorised. Documents are provided through the process we confirm at engagement, and highly sensitive personal material is not requested before the conflict check is complete. Our privacy policy sets out how information is handled.