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Commercial Litigation

 

Most litigators and litigants can identify when a forensic accountant can assist them on contentious issues. However, the challenge can be finding and retaining the right expert as the market for expert accountants that have the requisite experience and skills is still relatively small.

Our experience

Our expertise is based on financial and accounting issues which are grounded in our experience with clients across a wide range of industries.  We will tell you upfront if we do not consider we have the expertise you seek.  We have worked with experts in other fields including economists, agronomists and quantity surveyors.

As our business consulting client base includes many small and medium based businesses, we are well place to be instructed on matters involving such clients.  The issues relevant to these types of business can, to some degree, be quite different to those faced by listed entities.  We also have considerable experience working on matters involving listed entities.

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We have a team of recognised experts that:

  • Turn complex financial issues and voluminous information into concise and easy to read expert reports that are defensible and credible – we pride ourselves on making sure non-accountants can understand the report’s opinions and the basis for them on the first read;
  • Have given oral testimony in Australian courts (including the Federal and Supreme Courts) – we are particularly well liked by Barristers due to our performance at Court;
  • Have received favourable Judgments – you will not find Judgments on Austlii which criticise our experts’ independence or opinions not being supported by objective analysis;
  • Are cognisant with the intricacies of the litigation process and commercial business issues such as discovery, privilege, confidentiality, court directions and timetables, alternative dispute resolution options and expert rules/codes of conduct – we work within the boundaries of the system to help identify and deliver the ‘strategic solution’ and help manage the litigant’s expectations;
  • Actually work with business clients and individuals on a consulting basis under a tax agent’s licence and authorised financial services licence and therefore our expertise is current and practical – many of our competitors have chosen to specialise only in forensic accounting assignments which may dilute their opinions; and
  • Are sensitive to the need of keeping costs in proportion to the litigation risks and quantum at stake – we deliver value by adding credibility, not costs to the matter.

The breadth of our case experience in contemplation of, or in, commercial litigation proceedings is highlighted below:

  • opinions on loss resulting from various torts, including negligence, misrepresentation, conspiracy or passing-off just to name a few of the more common matters we come across;
  • opinions on losses resulting from a breach of contract, which could relate to an employment contract, confidentiality agreement, a sale and purchase agreement, a management agreement or shareholder/partner agreement;
  • opinions on the consequential loss resulting from an event in insurance matters – either for the insured or the insurer;
  • opinions on loss resulting from a breach of legislation such as the Corporations Act or the Trade Practices Act;
  • gathering financial evidence, establishing facts, drawing inferences and conclusions from the available financial evidence resulting from a suspicion of fraud or an unexplained irregularity;
  • opinions on the accounting policies and methods adopted in Financial Reports; and
  • opinions on advice provided by financial planners, financial advisors and professional accountants and tax agents.

 

Looking for a Forensic Accountant?

Please email us with details about your matter and enquiry and we will get back to you.