Family Dispute Valuations
Lotus Amity provides family dispute valuations. We value businesses, shares, goodwill and intellectual property in family and matrimonial disputes. Valuations may be provided for internal consulting purposes, mediation, or as a joint single expert witness report for Court. Critiques (shadow expert reports) are also provided of other valuation reports.
Expert reports for the Court comply with Divisions 7.1.4, 7.1.5 and 7.1.6 of the Federal Circuit and Family Court of Australia Rules 2021. We also provide conference for expert services.
Family Dispute Experience
Examples of previous valuation engagements related to family dispute matters include the following:
- Valuation of a sole beneficiary interest in a trust providing property finance, business finance and insurance broker services. Lotus Amity prepared a single expert witness report for the Court on behalf of both parties. The report analysed the business operations, income and loan book, expenses and balance sheets. The report adopted an Income, Market and Cost approach to value the company and the interest.
- Valuation calculation of a parties’ vendor finance and associated income stream arising from a contract of sale of shares in a related company. Lotus Amity prepared a single expert report for the Court calculating the net present value of the income stream in accordance with the valuation approach agreed by the parties. The report assessed the share sale agreement, vendor finance deed, security agreement, the current and future streams of income, the expected cessation, and modelled a discount rate considering the default risk and the recoverability of the debt.
- Valuation of the shares held in a company providing consulting services to the construction industry. Lotus Amity prepared a single expert witness report for the Court on behalf of both parties. The report valued the shares at three different valuation dates. Key valuation issues included a market salary for the owner, the dependency of the business on the owner and the reliance on key assignments. Valuation prepared using an Income and Cost Approach.
- Valuation of a mobile mechanic business providing car servicing and repair. Lotus Amity prepared a single expert witness report on behalf of both parties. Key valuation issues included a market salary for the owner. Valuation prepared using an Income, Market and Cost Approach.
- Critique of a single expert valuation report of an import and export business and the application of funds. Lotus Amity prepared a shadow expert report critiquing the expert’s analysis of the business, projects, sales growth, valuation method, and assumptions.
- Valuation of a parties 50% interest in a real estate partnership providing buying, selling, renting and holiday leasing services. Lotus Amity prepared a valuation report to assist a party in settlement negotiations. The report assessed sales, commissions and profitability, considered key employee risk and customer concentration risk, market salaries and comparable transactions and court decisions.
- Valuation of a parties 100% interest in a company operating an engineering business primarily within road infrastructure. Lotus Amity prepared a single expert valuation report for the NSW Federal Circuit Court. The report analysed sales, the impact of COVID-19, contracts and quotations, project outlook, owner market salary, sales forecast and adopted an income and market valuation approach.
Why choose Lotus Amity for valuations
- Granular and comprehensive approach. We provide a granular and comprehensive approach to valuation. This includes modelling cash flows and discount rates and providing fully referenced appendices.
- Detailed analysis. Each valuation has a story. We carefully research, analyse and explain each valuation story and how the numbers (the cash flows and discount rate) relate to that story.
- Compliance. Our reports comply with the Australian accounting, ethical and valuation standards, the International Valuation Standards and the relevant expert witness requirements.
- Quality Control. Each valuation report and model is reviewed for accuracy, completeness and transparency by an external firm of Chartered Accountants and business valuation specialists.