Commercial Dispute Valuations
At Lotus Amity we provide independent commercial dispute valuations in the context of litigation, mediation, and expert determination.
Our work supports lawyers, insolvency practitioners, and business owners in resolving disputes involving value, loss, and financial performance.
Importantly, we combine valuation expertise with forensic accounting analysis. As a result, our opinions are practical, evidence-based, and defensible.
Our approach to commercial dispute valuations
Commercial disputes often involve competing narratives about value and loss. Accordingly, our role is to independently analyse the facts and provide clear conclusions. We:
- assess historical financial performance
- normalise earnings for non-recurring or non-commercial items
- test assumptions underlying valuation models
- evaluate causation and quantify loss
- consider alternative scenarios and sensitivities
Where required, we prepare expert reports in accordance with the relevant rules and professional standards.
Commercial dispute valuation matters we assist with
We provide commercial dispute valuations across a range of matters, including:
- Shareholder and partnership disputes
- Business sale and transaction disputes
- Breach of contract and loss of profit claims
- Misrepresentation and misleading conduct
- earn-out and completion disputes
- business interruption and loss of revenue
- expert determination and mediation
Our expert role in commercial dispute valuations
As an expert, our overriding duty is to provide expert evidence and or express opinions in proceedings. Further, to provide an objective and impartial assessment of the key issues. Fundamentally, Lotus Amity:
- Explain the arguments and opinions clearly, so that they can be understood
- Present opinions that are relevant, impartial, logical and supported by acceptable facts and figures
Within valuation experts often disagree on the inputs or the assumptions made in a valuation model. All our inputs and assumptions are fully explained and referenced to appendices and are reviewed technically by an independent third party.
Reporting compliance
Our expert reports comply with:
- APES 215 Forensic Accounting Services
- APES 225 Business Valuation Services
- International Valuation Standards
- APES 110 Code of Ethics
- Expert Witness Code of Conduct and the provisions of the Uniform Civil Procedure Rules and Divisions 7.1.4, 7.1.5 and 7.1.6.
We are experienced in engaging in conferences of experts, providing joint expert reports, being cross examined, and providing concurrent evidence.
Commercial dispute valuation – case studies
Loss of profit from business diversion
We were engaged as an expert in Supreme Court proceedings involving alleged breach of restraint and competition. The dispute centred on whether a former owner diverted clients and work to a competing business. We analysed revenue trends and client behaviour, identified diverted clients and repeat business patterns, reconstructed expected earnings and applied discounted cash flow methods. Outcome: We quantified total loss, including foregone and future profits of approximately $2.00 million. Consequently, the report established a clear link between diverted work and loss of value.
Loss of revenue and causation analysis
We acted as an expert in proceedings involving alleged business disruption. The key issue was whether the disruption caused a loss of revenue. We analysed consultation volumes and revenue trends, assessed variability in historical performance, tested whether a reliable change in trend existed and modelled multiple loss scenarios. Outcome: We found that loss ranged from nil to approximately $200,000. Importantly, the analysis demonstrated that not all declines were caused by the alleged event.
Business sale dispute and valuation gap analysis
We were engaged to assist in a dispute between a vendor and purchasers following the sale of a business. The dispute focused on whether the price paid exceeded the value transferred. We reviewed competing expert valuation reports, normalised revenue, margins and expenses, assessed working capital and transferred assets and reconciled price to underlying value. Outcome: We estimated the business value of approximately $1.5 million with net assets transferred of approximately $1.3 million. Accordingly, the analysis provided a clear basis for resolution in mediation.
Earnings normalisation and expert critique
As part of the same matter, there was a significant difference between expert valuations. We analysed earnings selection and adjustments, assessed treatment of inventory and margins, and tested the appropriateness of valuation assumptions. Outcome: We demonstrated that differences in earnings estimates were the primary driver of the valuation gap. Consequently, the report clarified the basis of disagreement and improved transparency for the parties.
Shareholder dispute and expert determination
We were engaged in an expert determination involving a private business. The dispute required an independent valuation of equity between shareholders. We normalised earnings, assessed future performance and risk, applied income-based valuation methods and cross-checked against market evidence. Outcome: We concluded an enterprise value of approximately $4.00 million, supporting resolution between the parties.
Valuation for mediation and shareholder negotiations
We acted in a dispute between shareholders of a professional services business. The key issues included sustainable earnings and appropriate valuation methodology. We adjusted earnings for market-based assumptions, assessed operational capacity and profitability, applied income and market approaches and weighted results based on reliability. Outcome: We determined a value range of approximately $0.5 million, facilitating settlement discussions.
Why clients engage us in commercial valuation disputes
Clients engage us for commercial dispute valuations because we:
- provide independent and objective opinions
- combine valuation and forensic accounting expertise
- focus on clarity, not complexity
- explain assumptions and limitations clearly
- understand the requirements of courts and legal advisors
Importantly, we are experienced in working alongside legal teams and providing expert evidence where required.
Contact
If you require an independent expert for a commercial dispute or valuation matter, please contact us to discuss your situation.