Selected Forensic Experience

Valuations

Transaction Disputes

Misleading and deceptive representations. The applicants acquired the assets and goodwill of a wholesale lighting business. The applicants’ alleged the respondents made misleading and deceptive representations, which were relied on by the applicants in entering an agreement for sale of the business. Valuations were provided under different scenarios to assist in quantifying the loss. An examination and detailed analysis of the books and records was carried out to assist the court. Federal Court. Trade Practices.

Breach of warranty. The applicant acquired a retail business and claimed for damages for breach of a warranty in the sale agreement. The vendor provided a warranty that it would disclose all relevant information and misrepresentations were alleged to have been made. A valuation was provided based on the information provided at the time of the transaction to assess the reasonableness of the transaction. Federal Court. Trade Practices.

Shareholder Disputes

Partner dispute. Valuation of a food wholesaler and retailer to assist partners in a dispute and fairly exit the business.

Minority oppression. Valuation of an air-conditioning business to assist the minority shareholder claiming damages for oppression.

Family shareholder dispute. Valuation of a vineyard under the terms of the shareholder agreement to assist the exist of the brother.

Matrimonial Disputes

Share portfolio valuation. In relation to the matrimonial pool of assets, valuing a large range of shares and options in low volume traded stocks, with influential holdings.

Business valuations. In relation to the pool of assets, the valuation of a family owned livestock trucking business

Economic Damages

Breach of contract. Quantifying the business interruption and loss of profits as a result of a breach of contract. Breach occurred because the defendant failed to provide the required security services at the time of a fire event that occurred in the plaintiff’s show home. District Court.

Termination of contract. The respondents terminated a fishing agreement with the applicants. Loss of profit calculation for the balance of the contract. Federal Court

Loss of alternative investment opportunities. Calculating the loss suffered by the applicant as a result of a failed property investment, based on property valuation advice provided by the respondent. Federal Court.

Theft of intellectual property. Calculating the loss of profit to the business as a result of employees allegedly stealing intellectual property and setting up in competition.

Theft of inventory. Calculating the loss of profit as a result of allegations of misappropriation of stock by a manager in a supermarket.

Breach of contract – loss of a seat on a board. Calculating the value attributable to a seat on the board associated with a minority interest in a public company. Analysis based on comparable public transactions.

Breach of contract. Calculating the lost profits to the mobile phone incumbent as a result of the government’s proposed deregulation of the market and the introduction of competition.

Personal injury claim. The plaintiff suffered an injury at work. Reviewed the settlement offer and tested the assumptions of the

Other Matters

Financial records analysis. Analysis of thousands of financial documents and the preparation of court documents substantiating a $500m claim in relation to a large scale construction project dispute.

Ownership of asset dispute. Dispute over the ownership of related party assets. Reporting on the actual treatment of assets, what should have been the proper treatment and the implied ownership as a result of the transactions.

Accounting fraud identification. Investigation into suspicions a bookkeeper might be misappropriating funds from the business. Procedures carried out to detect possible fraud and control weaknesses.

Solvency investigation. Investigation into allegations of impropriety by a service provider to one of the world’s largest iron ore producers. Analysis of financial information to assess whether the service provider was solvent and to identify abnormalities.

Earn-out dispute. Interpreting and calculating the earn-outs and profit allocations in accordance with the terms of an agreement under different scenarios.

Mediation – minority shareholder dispute. Assisting a minority shareholder in a construction business to extract the maximum share value, taking into account allegations of manipulation and abuse of the director’s loan account.

E-discovery. Assisting in a number of significant disputes where a large number of (1m+) documents were discovered. Preparing those documents for an e-discovery platform (Relativity) and then searching for, analysing and reviewing relevant documents for the legal team.

Litigation support. Providing lead support to a multi-billion-dollar claim, including quantifying damages, decision tree analysis, project management, indemnity exposure assessment and consideration of experts.

Selected Valuation Experience

Valuations in transactions

  • Wholesale distributor of outdoor leisure products, for a share acquisition
  • Real estate business, to assist in valuing exiting members
  • Data compression technology business, to assist in a transactio
  • Publication business, to assist in a transaction
  • Electrical distribution business, to assist in a transaction
  • Fabrication business, for a potential transaction
  • Component distribution business, for a potential transaction
  • Conferencing business, to assist parties in negotiations
  • Radiology business, per the requirement of the shareholder’s agreement
  • Legal practice, for valuing the shares of exiting partners
  • Advertising business, to assist in a transaction

Valuations in disputes

  • Accounting practices, for partner disputes and refinancing purposes
  • Jewelry retailer, for a matrimonial dispute
  • Piggery, to assist in the transfer of shareholdings and obtaining fundinValuations in disputes
  • Partner dispute. Valuation of a food wholesaler and retailer to assist partners in a dispute and fairly exit the business.
  • Minority oppression. Valuation of an air-conditioning business to assist the minority shareholder claiming damages for oppression.
  • Family shareholder dispute. Valuation of a vineyard under the terms of the shareholder agreement to assist the exist of the brother.
  • Share portfolio valuation. In relation to the matrimonial pool of assets, valuing a large range of shares and options in low volume traded stocks, with influential holdings.
  • Matrimonial dispute Business valuations. In relation to the pool of assets, the valuation of a family owned livestock trucking business.

Valuations for restructuring and ATO

  • Corporate advisory business, for restructuring purposes
  • Investment management company, for tax purposes
  • Intellectual property of a university spin out, for restructuring
  • Car dealerships, for restructuring purposes
  • Drilling business, for restructuring purposes

Valuations for financing

  • Mortgage broking businesses, for bank finance
  • Investment broking business, for bank finance
  • Engineering businesses, for refinance purposes
  • Supermarkets, for banking finance purpose
  • Valuation of a tech start-up to assist in the first rounds of fund raising

Selected Transaction Experience

Engagements, providing lead advisory services and due diligence, have include the following transactions:

  • Engineering business, trade sale
  • Advertising business, trade sale advice
  • Business services company, acquisition strategy and trade sale advice
  • Industrial business, trade sale to ASX listed company
  • Tyre distribution business, acquisition due diligence
  • Bedding manufacturer, acquisition due diligence
  • Restaurant, trade sale advice
  • Drilling business, trade sale to UK listed company
  • Car dealership, trade sale advice
  • Car rental business, business development services
  • International drinks manufacturer, advising on acquisition
  • Contract cleaning business, acquisition advisory