Terms and Conditions
1. You agree that:
(a) All work that we do in this matter is prepared as if we were an expert witness giving evidence at a trial in the Federal Circuit and Family Court of Australia (Family Law). As such, you release us from any legal action or claim you may have that in any way relates to this matter. This release applies even if you consider that we have performed this work negligently, or in breach of the Australian Consumer Law (or any other statute) or in breach of the common law.
(b) You indemnify us in relation to any action brought against us, to the litigation, or any other party, that in any way concerns the work we do pursuant to this agreement. This indemnity applies even if you consider that we have performed this work negligently, or in breach of the Australian Consumer Law (or any other statute) or in breach of the common law.
(c) If, despite the release and indemnity outlined above, you make a claim against us which in any way relates to the services, the liability for that claim, will be limited to the fee for the services.
2. In the event that we are aware of a conflict of interest then instructions will be declined, and fees paid will be reimbursed.
3. To the extent that there is any inconsistency between your instructions and these terms, these terms will prevail.
4. Any reference in these terms to "us" or "me" is a reference to Valuer Firm and its (past and present) directors, officers, agents, employees, and subcontractors.
No variation of these terms will be of effect unless it is in writing and signed by all parties to the agreement.
Scope of Works
Introduction: This Scope of Works (SoW) outlines the guidelines and procedures for a Property Valuation Review conducted by a Certified Practising Valuer (CPV) from Imperial Valuations, the review is limited to single residential and commercial properties valued up to $3,000,000 and does not include development valuations. The review is ordered on behalf of a legal representative and is provided strictly for family law purposes only.
1. To provide an initial valuation review of a single expert valuation report provided to assist with the decision process of the instructing party to obtain a formal valuation or put questions to the single expert pursuant to Rule 7.26 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.
2. To conduct an initial ‘valuation process review’ of the valuation report provided to broadly consider its compliance with the International Valuation Standards (IVS) 2022.
3. To conduct an initial ‘valuation value review’ of the single expert valuation report. Which does not provide a value and is not a valuation as set out in IVS 2022.
4. The review will be conducted in accordance with IVS 106 Documentation and Reporting, Valuation Review Reports sections 40.01 to 40.04.
5. The review will be conducted without a physical inspection of the property or physical inspection of the sales evidence and provided on a proforma template.
6. The reviewer will endeavour to have the review completed within 48 hours from receipt of required documentation and payment of fee.
7. The document to be reviewed is as uploaded with acceptance of the terms and conditions.
8. We will honestly undertake this review and provide our professional opinion of the single expert valuation report uploaded. In doing so, we are acting as an expert under the Family Circuit and Family Court of Australia (Family Law) Rules 2021, and in accordance with professional standards, including those of the Australian Property Institute. In providing our opinions, we are obliged to do so without regard to the impact that our conclusions may have on the outcome of the litigation. In accordance with the Family Circuit and Family Court of Australia (Family Law) Rules 2021, our duty to the Court prevails over our obligations to the person instructing us, and the person paying our fees.