Working independently of, or with family law legal representatives, Herron Todd White may be appointed as an expert witness in your matter, and our valuations are accepted by the Courts.

Our reports are completed in accordance with the International Valuation Standards (IVS) and we practice in line with our governing body, the Australian Property Institute (API). We disclose any actual or potential conflict of interest at the outset of the matter, to ensure all parties are aware of our position.

We are independent of each party involved in the matter and are engaged to provide a
professional service to assist the parties in finalising their property settlement, with no
vested interest in the outcome of the matter.

These types of matters can be stressful for the parties involved, so it’s important to ensure that an impartial and experienced professional is appointed to provide a legally binding valuation, which helps streamline the process of reaching settlement, so the matter can be finalised without unnecessary delay.

Our expert team who complete family law valuations are well versed in the process and
expectations of their appointment as an expert witness under court rules, and understand their obligations to the parties involved and their duties to the Court. They ensure that every care is taken to ensure that the valuation is completed to the highest standard, in line with the court requirements, and that there is no cause to query or dispute the valuation.

When valuations of real property are required for property settlement matters, to assist the parties in determining the value of the property portfolio, we generally seek to be jointly instructed by both parties. If lawyers are representing one or both parties in the matter, these instructions will be provided via the lawyers in accordance with the relevant legislation in appointing a single expert witness.

If no lawyers are engaged in the matter, we seek written consent from both parties that the valuation will be instructed jointly.

Whether instructed via solicitors or directly from the parties involved, all communication is undertaken in writing and including all parties to ensure transparency and so we maintain our independence.

It is beneficial to advise as part of the instruction if there is anything the valuer should know about the property prior to attending. This includes any incomplete works, non-council approved structures and if there are restrictions on when the inspection can take place.

Knowing this information upfront provides us with the opportunity to seek any clarification and/or documentation required to complete the valuation, and to confirm an appropriate fee.

The valuation is typically completed as a current market valuation, as at the date of inspection.

If there are incomplete works, this can significantly affect the valuation, and we may require additional documentation to complete (e.g. a building expert report and an outline of costs to rectify). The more information we have on the state of the property when instructed, the more accurate quote and advice we can provide on what further information we may need.

If building floor plans of the property are available, please provide these at the inspection. If these are not available, the valuer will complete external measurements on the dwelling and any other structures on the property.

For commercial properties, there is additional information required to complete the valuation.

This can include leases (if any), and copies of council rates, water rates and body corporate or insurance premiums.

We will jointly advise if there is any additional information required throughout the process, so both parties are aware of what information and documents have been provided to us.

Once instructions are received, we will make contact to arrange the inspection of the property. This is made either with the party living at the property, with the property manager if tenanted, or how otherwise instructed.

It is not necessary for both parties to be at the inspection of the property; however, you may choose to do so. If so, please advise us as part of your instructions.

At the inspection, the valuer will need access to all areas of the property, including sheds, detached rooms and studios. Please ensure that gates are open/unlocked, and any animals are restrained. Photographs are taken of the front and back of the dwelling, kitchen, bathrooms, main living areas, views, ancillary improvements, including sheds and swimming pools and any other notable improvements/features of the property. These photographs are included within the valuation report.

The valuer will complete any required measurements on the dwelling and structures on the property, if no building floor plans are available.

Once the valuation report has been completed, it will be electronically sent to both of the instructing parties at the same time.

If there is any clarity required in relation to the valuation, this is to be provided jointly by both parties in writing to ensure transparency.

Our valuation reports are valid for 90 days, in line with the International Valuation Standards. If some time has passed between the valuation date and the finalisation of the property settlement, an updated valuation can be completed to ensure that the assessed value remains current.