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Acumentis undertaking in-person physical property inspections?

The question often arises - why should you ‘jointly instruct’ a property valuer as an expert witness, rather than instruct independently?

Did you know that 92% of all valuation instructions received by Acumentis from family lawyers/solicitors and legal professionals over the last 12 months were jointly instructed?

In contrast a similar sample of data was reviewed from ten years ago (2013), and at the time only 64% were jointly instructed - the balance being individually ordered. So why the continued shift from individually ordering valuations to joint instructions? Based on my personal experiences and feedback from clients, I understand legal practitioner have moved towards a joint appointment of one single expert for several reasons including:

1. Neutrality and Impartiality:

Jointly appointing a valuer helps ensure neutrality and impartiality in the valuation process. By selecting a valuer together, both parties can have confidence that the expert is not aligned with either side. This fosters trust in the valuer's findings and conclusions, as they are perceived to be objective and unbiased.

2. Cost Efficiency:

Appointing a single valuer as an expert witness can be more cost-effective than each party hiring their own separate valuer. Sharing the cost of the valuer's fees reduces the financial burden on both parties while still maintaining a high level of expertise and professionalism in the appraisal process.

3. Consistency and Streamlined Proceedings:

By jointly appointing a valuer, the parties can ensure consistency in the appraisal methodology and approach. This helps streamline the proceedings by avoiding conflicts or disputes arising from different valuations provided by separate experts. A single expert witness can provide a unified appraisal report that both parties can rely on, potentially saving time and effort in the legal process.

4. Facilitating Settlement Discussions:

Jointly appointing a valuer can promote a cooperative atmosphere and facilitate settlement discussions between the parties. Since the valuer is considered independent and neutral, their findings and recommendations may carry more weight in negotiations. This can help the parties reach a mutually acceptable resolution without the need for protracted litigation.

5. Court's Perspective:

Jointly appointing a valuer may also be viewed favourably by the court. It demonstrates the parties' willingness to work together in a collaborative manner, which can contribute to a more efficient and amicable resolution. The court may appreciate the efforts made by the parties to find common ground and rely on a shared expert to provide an objective assessment

In summary, it would appear that a joint instruction, removes any perceived biases/conflicts, save the client money and shows the mediator or judge that both parties are willing to work together in a collaborative manner, despite differences.

From a valuers perspective, we support the idea of a joint instruction as we are generally reluctant to have to challenge our peers in a court setting over differences in value opinions. Its not that we don’t mind a show down of intellects, rather, market values are in essence a reflection of ‘opinion’ based on our experience and interpretation of sales evidence and market conditions and therefore market values/valuation is not an ‘exact science’.  

It is not uncommon for different valuers to have different opinions on the same property and by appointing only one expert, it is less likely that additional time and money is spent getting to common ground between the two values.

Does this mean that both parties will agree with the one assessment/opinion provided under a joint instruction, unfortunately, usually not, it is generally very hard to please all parties. We tend to have one party wanting a low valuation and one party wanting a high valuation depending on who is being dispossessed and or each of the party’s motives. We understand that our role is not to make friends rather be professional, polite and remain an independent expert.

Further to being jointly instructed we are often asked if both parties can attend the inspection at the same time? Assuming all parties are able to act civilised, we think it can be very beneficial.  We understand that one or both parties may want to convey specific information to the valuer to ensure it is considered during the assessment. This is understandable and can generally be accommodated.

Assuming both parties agree to appoint one valuer we recommend you consider the following due diligence when picking the correct valuer for the job:

1. Qualifications and Credentials:

Look into the valuer's qualifications, certifications, and professional affiliations. A qualified and experienced valuer with a strong reputation in the industry is more likely to uphold professional standards and ethics. We suggest a CPV valuer with no less than 5 years’ experience in the suburb of the subject property.  

2. Past Experience and Track Record:

Research the valuer's previous work and reviews from clients or peers. A valuer with a history of objective and unbiased appraisals is more likely to maintain independence in their current assignment.

3. Disclosures and Conflict of Interest:

Valuers appointed should disclose any potential conflicts of interest that may compromise their independence. They should provide information about any past or ongoing relationships with the parties involved in the case, including personal or financial connections.

4. Impartiality in Process:

The valuer should follow a transparent and impartial process in conducting the valuation. This includes considering all relevant evidence, conducting thorough research, and utilising recognized methodologies as directed by the API. Their findings and conclusions should be supported by clear and objective reasoning.

5. Professional Code of Ethics:

Determine if the valuer adheres to a recognised code of ethics, such as those established by the API. These codes typically require valuers to maintain objectivity, independence, and confidentiality in their work.

Further to this advice, the specialised team at Acumentis are ready and waiting to assist with any family law property valuation matters. Find your local property expert below.

Mark Robins
State Director SA
— Adelaide Property Valuers
CPV
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Acumentis Family Law Specialists

STATE
Renee Pollak
Director
Canberra
Matthew Shadbolt
Valuer
Canberra
Zoran Jovanovic
Senior Valuer
Sydney
Tony Lenord
State Director Commercial - Sydney
Sydney
Natasha Khoudair
Valuer
Sydney
Robert Jupp
Valuer
Coffs Harbour
Daniel Carr
Valuer
Newcastle
Nathan Jones
Valuer
Norther Rivers (Lismore, Ballina, Byron Bay)
James Morrell
Associate Director
Norther Rivers (Lismore, Ballina, Byron Bay)
Angus Cooke
Valuer
Inverell
Tom McDouall
Director - Regional Residential Operations NSW
Newcastle
Terry Glitsos
Director NSW Government Statutory Assets & Legal
Sydney
Heath Craft
Valuer
Albury
Maria Ergos
Client Services Team Leader
Sydney Residential
Gregory Jordan
Valuer
Port Macquarie
Jack Prosser
Senior Valuer
Port Macquarie
Andrew McDonnell
Associate Director
Sydney
Tasso Balomenos
Senior Valuer
Sydney
Simon Mandile
Senior Valuer
Sydney
Philip Albert
Associate Director
Sydney
Peter Raptis
Director - Prestige Valuations
Sydney
Matthew Iglinski
Associate Director
Sydney
Tony Chahine
Associate Director
Sydney
Kevin Sze Tho
Valuer
Sydney
Emmanuel Ergos
Senior Valuer
Sydney
Justine Franklin
Valuer
Albury - Wodonga
Nick Power
Senior Valuer
Norther Rivers (Lismore, Ballina, Byron Bay)
James Simpson
Regional Director
Orange
Andrew Kemp
Director Valuations
Albury
Damian Daczko
Regional Director
Taree
Jonathan Lea
Regional Director
Inverell
Bryan Guest
Senior Director Advisory
Coffs Harbour
Amy Frankel
Regional Director
Port Macquarie
Tony Gorman
Director Valuations
Darwin / Perth
Amber Broughton
Valuer
Gold Coast
June Button
Valuer
Gladstone
June Button
Valuer
Gladstone
Rachel Schloman
Valuer
Brisbane
Lara Watts
Valuer
Bundaberg
Adrian Marks
Valuer
Brisbane
Scott Blanchard
Senior Valuer
Cairns
Dale Rohde
Senior Valuer
Cairns
Sarah Banner
State Director - Residential Operations, QLD
Brisbane
Clancy Miller
Valuer
Townsville
Paul Krause
Senior Valuer
Mackay
Matthew Galvin
Senior Valuer
Toowoomba
Lochlan Jones
Valuer
Noosa
Jack Macdonald
Associate Director
Roma
Cameron Norris
Valuer
Emerald
Joshua Franklin
Senior Valuer
Brisbane
Ayla McIntyre
Senior Valuer
Roma
David Hosking
Regional Director
Cairns
Shane Poole
Senior Valuer
Bundaberg
Jared Teitzel
Senior Valuer
Brisbane
Sarah Godfrey
Senior Valuer
Brisbane
Henry Brown
Director
Brisbane
Rebecca Stephens
Senior Valuer
Sunshine Coast
Wayne Airey
Associate Director
Sunshine Coast
Alexandra Doneley
Senior Valuer
Emerald
John Burke
Director
Gold Coast
Geoff Duffield
Director – Family Law & Advisory
Brisbane
Hugh Innes
Senior Valuer
Brisbane
Jany Pezard
Director - Valuations
Sunshine Coast
Gareth Turner
Director
Brisbane
Andrew Mullins
Associate Director
Brisbane
Michael Everingham
Valuer
Gold Coast
Melissa Eilers
Regional Director
Hervey Bay
Chris Anderson
Regional Director
Sunshine Coast
Annette Smith
State Director Regional Operations (North)
Emerald
Lachlan Dunsdon
National Director Rural & Agribusiness
Brisbane
Paul Robbins
State Director Commercial QLD
Brisbane
Mike Henderson
Group Executive Director – Residential Operations
Brisbane
Mike Henderson
Group Executive Director – Residential Operations
Brisbane
Timothy Rabbitt
Managing Director & Chief Executive Officer
Brisbane
Joe Porter
Senior Valuer
Adelaide
Craig Farley
Valuer
Adelaide
Emily Kitto
Director
Adelaide
Mark Robins
State Director SA
Adelaide
William Simmonds
Valuer
Hobart
Peter Walker
Valuer
Launceston
Russell Cripps
Director Valuations
Hobart
Joe Stansfield
Regional Director - Tasmania (North)
Launceston
David Duffield
Regional Director - Tasmania (South)
Hobart
Alexandra Churches
Regional Director - Victoria
Bendigo
Quentin Churches
Associate Director
Bendigo
Patrick Monaghan
State Director - Regional Operations Victoria
Gippsland
Georgina Besliev
Valuer
Melbourne
Nathan Camac
Associate Director
Melbourne
Damien Stone
State Director Residential - Victoria
Melbourne
David Triaca
Senior Valuer
Melbourne
Paul Belcher
Associate Director
Gippsland
Phillip Bainbridge
Director Valuations
Melbourne
Brenton Jones
Associate Director
Gippsland
Will Phillips
Director - Rural & Agribusiness
Western Australia
Mitchell Fraser
Senior Valuer
Busselton
Felicity Graham
Senior Valuer
Bunbury
Rachel Kendall
Valuer
Mandurah
Jessica Ayerst
Associate Director
Perth
Tiffany Crago
Senior Valuer
Perth
James Sholdas
Associate Director Valuations
Perth
Tom O’Sullivan
Associate Director Valuations
Perth
Kate Bingham
Associate Director
Perth
Aaron Hughes
Regional Director
South West WA
Matthew Crofts
State Director
Perth
Rod Davidson
Director Valuations
Perth
Scott Robinson
Regional Director
Mandurah
Ross Sharp
State Director – WA – Rural & Agribusiness
Perth
Richard Graham
Regional Director - South West
Bunbury
Mark Eaton
Regional Director
Albany
Damien Schifferli
Regional Director - South West WA
Busselton
Brad Mazza
State Director - Residential WA
Perth
Renee Pollak
Director
Canberra
Matthew Shadbolt
Valuer
Canberra
Zoran Jovanovic
Senior Valuer
Sydney
Tony Lenord
State Director Commercial - Sydney
Sydney
Natasha Khoudair
Valuer
Sydney
Robert Jupp
Valuer
Coffs Harbour
Daniel Carr
Valuer
Newcastle
Nathan Jones
Valuer
Norther Rivers (Lismore, Ballina, Byron Bay)
James Morrell
Associate Director
Norther Rivers (Lismore, Ballina, Byron Bay)
Angus Cooke
Valuer
Inverell
Tom McDouall
Director - Regional Residential Operations NSW
Newcastle
Terry Glitsos
Director NSW Government Statutory Assets & Legal
Sydney
Heath Craft
Valuer
Albury
Maria Ergos
Client Services Team Leader
Sydney Residential
Gregory Jordan
Valuer
Port Macquarie
Jack Prosser
Senior Valuer
Port Macquarie
Andrew McDonnell
Associate Director
Sydney
Tasso Balomenos
Senior Valuer
Sydney
Simon Mandile
Senior Valuer
Sydney
Philip Albert
Associate Director
Sydney
Peter Raptis
Director - Prestige Valuations
Sydney
Matthew Iglinski
Associate Director
Sydney
Tony Chahine
Associate Director
Sydney
Kevin Sze Tho
Valuer
Sydney
Emmanuel Ergos
Senior Valuer
Sydney
Justine Franklin
Valuer
Albury - Wodonga
Nick Power
Senior Valuer
Norther Rivers (Lismore, Ballina, Byron Bay)
James Simpson
Regional Director
Orange
Andrew Kemp
Director Valuations
Albury
Damian Daczko
Regional Director
Taree
Jonathan Lea
Regional Director
Inverell
Bryan Guest
Senior Director Advisory
Coffs Harbour
Amy Frankel
Regional Director
Port Macquarie
Tony Gorman
Director Valuations
Darwin / Perth
Amber Broughton
Valuer
Gold Coast
June Button
Valuer
Gladstone
June Button
Valuer
Gladstone
Rachel Schloman
Valuer
Brisbane
Lara Watts
Valuer
Bundaberg
Adrian Marks
Valuer
Brisbane
Scott Blanchard
Senior Valuer
Cairns
Dale Rohde
Senior Valuer
Cairns
Sarah Banner
State Director - Residential Operations, QLD
Brisbane
Clancy Miller
Valuer
Townsville
Paul Krause
Senior Valuer
Mackay
Matthew Galvin
Senior Valuer
Toowoomba
Lochlan Jones
Valuer
Noosa
Jack Macdonald
Associate Director
Roma
Cameron Norris
Valuer
Emerald
Joshua Franklin
Senior Valuer
Brisbane
Ayla McIntyre
Senior Valuer
Roma
David Hosking
Regional Director
Cairns
Shane Poole
Senior Valuer
Bundaberg
Jared Teitzel
Senior Valuer
Brisbane
Sarah Godfrey
Senior Valuer
Brisbane
Henry Brown
Director
Brisbane
Rebecca Stephens
Senior Valuer
Sunshine Coast
Wayne Airey
Associate Director
Sunshine Coast
Alexandra Doneley
Senior Valuer
Emerald
John Burke
Director
Gold Coast
Geoff Duffield
Director – Family Law & Advisory
Brisbane
Hugh Innes
Senior Valuer
Brisbane
Jany Pezard
Director - Valuations
Sunshine Coast
Gareth Turner
Director
Brisbane
Andrew Mullins
Associate Director
Brisbane
Michael Everingham
Valuer
Gold Coast
Melissa Eilers
Regional Director
Hervey Bay
Chris Anderson
Regional Director
Sunshine Coast
Annette Smith
State Director Regional Operations (North)
Emerald
Lachlan Dunsdon
National Director Rural & Agribusiness
Brisbane
Paul Robbins
State Director Commercial QLD
Brisbane
Mike Henderson
Group Executive Director – Residential Operations
Brisbane
Mike Henderson
Group Executive Director – Residential Operations
Brisbane
Timothy Rabbitt
Managing Director & Chief Executive Officer
Brisbane
Joe Porter
Senior Valuer
Adelaide
Craig Farley
Valuer
Adelaide
Emily Kitto
Director
Adelaide
Mark Robins
State Director SA
Adelaide
William Simmonds
Valuer
Hobart
Peter Walker
Valuer
Launceston
Russell Cripps
Director Valuations
Hobart
Joe Stansfield
Regional Director - Tasmania (North)
Launceston
David Duffield
Regional Director - Tasmania (South)
Hobart
Alexandra Churches
Regional Director - Victoria
Bendigo
Quentin Churches
Associate Director
Bendigo
Patrick Monaghan
State Director - Regional Operations Victoria
Gippsland
Georgina Besliev
Valuer
Melbourne
Nathan Camac
Associate Director
Melbourne
Damien Stone
State Director Residential - Victoria
Melbourne
David Triaca
Senior Valuer
Melbourne
Paul Belcher
Associate Director
Gippsland
Phillip Bainbridge
Director Valuations
Melbourne
Brenton Jones
Associate Director
Gippsland
Will Phillips
Director - Rural & Agribusiness
Western Australia
Mitchell Fraser
Senior Valuer
Busselton
Felicity Graham
Senior Valuer
Bunbury
Rachel Kendall
Valuer
Mandurah
Jessica Ayerst
Associate Director
Perth
Tiffany Crago
Senior Valuer
Perth
James Sholdas
Associate Director Valuations
Perth
Tom O’Sullivan
Associate Director Valuations
Perth
Kate Bingham
Associate Director
Perth
Aaron Hughes
Regional Director
South West WA
Matthew Crofts
State Director
Perth
Rod Davidson
Director Valuations
Perth
Scott Robinson
Regional Director
Mandurah
Ross Sharp
State Director – WA – Rural & Agribusiness
Perth
Richard Graham
Regional Director - South West
Bunbury
Mark Eaton
Regional Director
Albany
Damien Schifferli
Regional Director - South West WA
Busselton
Brad Mazza
State Director - Residential WA
Perth
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