What if you disagree with a family law business valuation?

If you disagree with a business valuation in a family law matter, start by working out what kind of disagreement it is. An error of fact can be corrected. A difference of judgement can be questioned, explained and negotiated around. Where the report comes from a single expert in court proceedings, the Family Law Rules 2021 set out specific steps, with time limits, for clarifying the report and, in limited circumstances, for bringing in another expert.

This guide sets those steps out in general terms. It is not a substitute for advice from your lawyer, particularly because the time limits are short.

First, separate facts from judgement

Objections to a valuation fall into two groups.

• Facts. A figure was transcribed wrongly, a loan was missed, a document the valuer did not have changes the picture, or the report describes the business in a way that is simply inaccurate.
• Judgement. The valuer chose a replacement wage for the owner, a view of how much goodwill depends on the owner, a level of risk or a method that you think is wrong.

The distinction matters because the two are dealt with differently. A valuer should correct a demonstrated error of fact. A valuer will not change a judgement because a party prefers a different figure, and a report that could be moved that way would be of no use to either side.

The draft stage

Our reports are issued in draft first, with one round of factual corrections before the report is finalised. That is the moment to raise errors of fact and to supply any document the valuer did not have. It is the most effective point to be heard, because nothing has yet been settled.

It is not a negotiation about the conclusion. Comments that amount to "the figure should be higher" or "the figure should be lower" do not change the analysis. Comments that identify a fact the report has wrong do.

If the valuation was prepared for negotiation or mediation

A valuation prepared for settlement discussions does not bind anyone. If you disagree with it, the practical options are these.

1. Identify the specific points. A dispute about "the value" cannot be resolved. A dispute about the owner's replacement wage, or whether last year was typical, can.
2. Ask how much each point is worth. A disagreement that moves the value by a small amount may not be worth the cost of fighting over. Where the parties disagree about a fact, the valuer can be asked to show the value on each assumption so the effect is visible.
3. Negotiate around the difference. In a mediation, the report is a shared reference point. The parties are free to settle at a figure that reflects their disagreement.
4. Obtain another opinion. Either party may commission their own valuation. Two competing reports cost more and can widen the argument, which is why a joint instruction is worth considering first.

If the report is from a single expert in court proceedings

Where a single expert witness has been appointed in the Federal Circuit and Family Court of Australia, Part 7.1 of the Family Law Rules 2021 provides a sequence. The references below are to those Rules.

1. A conference to clarify the report

Within 21 days after receiving the single expert's report, the parties may agree in writing to confer with the expert to clarify it (rule 7.25). The conference is for clarification. The parties must not interrogate the expert. If the parties cannot agree about a conference, the court may order one.

2. Written questions

A party may put written questions to the single expert to clarify the report (rule 7.26). The questions must be asked:

• within 7 days after a conference, if one was held, or
• within 21 days after the party received the report, if there was no conference.

The questions must be in writing, be put once only, be only for the purpose of clarifying the report, and not be vexatious or oppressive or require an unreasonable amount of work to answer. A copy goes to every other party.

The expert must answer within 21 days after receiving the question, or after the fees for answering are paid or secured if that is later (rule 7.27). The answers are taken to be part of the report. The party asking the questions pays the expert's reasonable fees for answering them (rule 7.28).

3. Cross-examination

A party who wants to cross-examine the single expert at a hearing must tell the expert in writing, at least 14 days before the hearing date, that attendance is required. Unless the court orders otherwise, that party pays the reasonable fees and expenses of the expert's attendance (rule 7.09).

4. Another expert, only with permission

Once a single expert has been appointed on an issue, a party must not rely on a report or evidence from another expert on the same issue without the court's permission (rule 7.08). The court may allow it if satisfied that:

• there is a substantial body of opinion contrary to the single expert's opinion, and that contrary opinion is or may be necessary for determining the issue,
• another expert knows of matters, not known to the single expert, that may be necessary for determining the issue, or
• there is another special reason.

Preferring a different figure is not, by itself, one of the listed grounds. Whether an application for permission is worth making is a question for your lawyer.

What the expert must do if something changes

The single expert's duty is to the court, and it runs both ways for the parties. The expert must consider all material facts, including those that may detract from the expert's own opinion, and must tell the court if the report is based on incomplete or inaccurate information (rule 7.18). An expert who changes an opinion after the report must give written notice, and that notice becomes part of the report.

So the productive way to challenge an expert report is to give the expert what was missing. New documents and corrected facts can change an opinion. Pressure cannot.

Western Australia

Family law matters in Western Australia are heard by the Family Court of Western Australia, which has its own rules. The steps and time limits above describe the Federal Circuit and Family Court of Australia. Your Western Australian lawyer will advise on the equivalent procedure.

Where we fit

For our own reports, questions after delivery, supplementary analysis and conferences are available at the hourly rate on the fees page, and court attendance is priced there as well. For a Family Law Expert Valuation, the appointed expert answers questions and attends as the Rules and the Court require. For a Settlement Valuation, the draft stage is where factual corrections are made.

If the matter is heading towards a single expert appointment, single expert business valuations in family law explains the process from the start, and referring professionals can read how to instruct us. Other guides are on the insights page.

This is general information about disputing a business valuation in a family law matter. It is not legal advice. The rule references and time limits are from the Family Law Rules 2021 as in force from 10 June 2025; rules change, time limits are strict, and what applies to your matter is a question for your lawyer.