The legal framework
Unless the court has specifically directed that no further evidence may be filed, you can seek permission from the court to submit additional evidence. This requires filing a formal application requesting the court’s permission to file a further affidavit containing the updated property valuation.
Court’s decision-making process
When determining your application, the court will consider whether it is in the “interests of justice” to allow the further evidence to be filed.
The court will consider several factors such as:
- Relevance: does the evidence directly relate to the issues in dispute?
- Prejudice: would admitting this evidence unfairly disadvantage the other party?
- Timing: is there a reasonable explanation for the late submission of evidence?
Why updated valuations are generally accepted
Property markets can be volatile, with values fluctuating because of economic conditions, local market trends and property-specific factors.
It is therefore recommended to get an updated valuation close to the hearing date.
Best practices for property valuations
1. Use registered valuers: engage registered valuers for court proceedings. They provide professional qualified assessments that carry greater weight in legal proceedings.
2. Consistency across properties: when multiple properties are involved, use the same valuer for all properties to ensure consistent methodology and create a level playing field.
3. Timing considerations: ideally, obtain valuations as close to the hearing date as possible, but allow sufficient time for the other party to review and potentially obtain their own valuation.
4. Be prepared for the valuer to attend court to give evidence: in some cases, the valuer may be required to attend court to explain their methodology and defend their valuation under cross-examination.
Will the court allow my 14-year-old to give evidence?
Although children can legally give evidence in Family Court proceedings, the court discourages involving children in their parents’ disputes for several reasons.
Procedural requirements
If the court were to allow children to give evidence, the process would involve:
- The child swearing an affidavit (a written statement under oath).
- Potential cross-examination by the other parent’s lawyer.
The court’s protective approach
The Family Court prioritises children’s welfare and recognises that giving evidence can cause:
- Psychological trauma from being placed in adversarial situations.
- Loyalty conflicts when forced to choose between parents.
- Long-term relationship damage with the parent they give evidence against.
- Reliability concerns as children may change their evidence under pressure, particularly when facing the other parent in court.
Alternative evidence strategies
Instead of using your child as a witness, consider these approaches:
- Adult witnesses who observed the property damage or gambling behaviour.
- Professional assessments from counsellors, social workers, or financial advisors.
- Documentary evidence such as repair quotes, gambling records or photographs.
- Expert testimony from property assessors or addiction specialists.
Can I avoid a court hearing?
The benefits of alternative dispute resolution: court proceedings are often expensive, time-consuming and emotionally draining. Alternative methods can produce better outcomes for all parties.
Alternative methods
Resolving a dispute without going to court can be achieved through these methods:
- Negotiation: parties can communicate and negotiate directly with each other or through their lawyers. This involves exchanging settlement offers and will usually require some compromise from both parties to reach a negotiated settlement acceptable to both parties.
- Mediation: this involves a neutral third party, the mediator, who facilitates discussions between the parties. The mediator will help identify the issues in dispute and assist with finding common ground, which helps to resolve the matter.
- Arbitration: an arbitrator hears the case and makes a binding decision. This is a more formal process than meditation and a decision is made by a third party after hearing the case, as opposed to the parties reaching their own negotiated settlement. It is generally more cost-efficient than a court hearing.
Summary
Family Court proceedings involving property division require careful strategic planning. Though the court will likely allow updated property valuations given the two-year gap, involving your 14-year-old as a witness faces significant hurdles and may not serve anyone’s best interests.
Alternative dispute resolution methods offer advantages and should be seriously considered before proceeding to a court hearing.
Jeremy Sutton’s advice is of a general nature and he is not responsible for any loss that any reader may suffer from following it. He does not consider your individual situation. Before you make legal decisions, you should always get independent advice from a specialist lawyer.
