Our Forensic Accounting and Valuation Expert

Professional qualifications for Adam Giliberti

• Member of Chartered Accountants Australia and New Zealand. Admitted as a CA in 2000 (and youngest member).

• Recognised as a Business Valuation Specialist with Chartered Accountants Australia and New Zealand in 2014 (as part of the first intake).

• Recognised as a Forensic Accounting Specialist with Chartered Accountants Australia and New Zealand in 2018 (as part of the first intake).

• Bachelor of Economics (Accounting) from Macquarie University, graduated in 1998.

• Member of the Australian Valuers Institute.  Admitted as a Certified Business Valuer in 2022.

• Diploma of Financial Services (Financial Planning) – 2013 (ASIC RG146 compliant).

Biography for Adam Giliberti

Adam Giliberti is a high-performance and well-regarded independent expert witness with a court-proven track record acting as the forensic accounting and valuation expert in wide-ranging and high-financial-stakes disputes and litigation.

Adam Giliberti is skilled at presenting his expert financial findings and expert opinions in alternative dispute forums, such as arbitration and mediation. 

He has prepared expert witness reports for use in proceedings across most of the superior courts of Australia, and other court jurisdictions and tribunals.  He also prepares expert valuation reports for use in expert determinations required under an owner agreement or court order. His valuation work includes reports for transaction and tax purposes that do not involve a dispute. 

Adam Giliberti is part of a national committee of the Forensic Accounting Specialists at Chartered Accountants Australia and New Zealand tasked with ongoing education and training delivery to Forensic Accounting Specialists and practitioner CA members, amongst other things.  

“A financial dispute, whether to be resolved inside or outside of court proceedings, is always stressful for everyone involved.  Professional reputations are at stake.  Understandably, it can be difficult for lawyers and clients to know what to look for when seeking to engage a forensic accountant or valuation expert. We are a safe pair of hands.”- Adam Giliberti

Professional working history of Adam Giliberti

Adam Giliberti started his accounting career, in a Chartered Accounting firm, in 1996, working in tax and litigation support (before we called it forensic accounting).  After gaining experience in tax law as well as constructing and deconstructing economic loss reports in personal injury matters from 1996 to 2022, Adam pursued his passion in the field of forensic accounting and valuations in the United Kingdom between  2002 and 2005 and worked within the forensic accounting team at Ernst & Young (EY) and also in-house for a UK government department.  Upon returning to Australia, Adam worked within the litigation divisions of various multinational consulting firms.  This experience working with seasoned expert witnesses and exposure to large and complex matters is part of the bedrock of Adam Giliberti’s career. 

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Adam Giliberti now has over 2 decades of CA experience in forensic accounting and valuation services, working on wide-ranging contentious matters, primarily involving disputes & litigation requiring the preparation of independent expert witness reports for use in proceedings in the superior courts of Australia and alternative dispute resolution methods. 

“Over 99% of the forensic accounting matters where I am nominated as an independent expert witness, settle without requiring a court to decide the financial outcome of the dispute.  For those matters which have required me to give oral testimony in a final hearing, the court has preferred my expert evidence over the other experts.” – Adam Giliberti

COURT JUDGEMENTS

Hudson v National Australia Bank [2022] FCA 1222 (14 October 2022)

Adam Giliberti was called as an expert witness on behalf of the solicitors representing an Australian bank involving plaintiffs, operating a mortgage broking business, requiring expert opinions on the loss of profits, the value of the mortgage broking business and the value of the mortgage trail book.  The Federal Court of Australia judgment referring to Adam Giliberti’s evidence is here Hudson v National Australia Bank [2022] FCA 1222 (14 October 2022).  It is a lengthy judgment so allow us to draw your attention to paragraph [432] where Her Honour was considering the opposing valuation expert’s opinion on the relevant ‘multiples’ which she considered was not well explained and affected the reliability of the opinion given.  We contrast that with Her Honour’s consideration of Adam Giliberti’s evidence in paragraph [424] in which Her Honor said Adam Giliberti’s evidence had “detailed reasons for arriving at conclusions”.  The Court found in favour of the bank on all matters of dispute.

United Petroleum Pty Limited v Roads and Maritime Services [2018] NSWLEC 35 (23 March 2018) 

Adam Giliberti was called as an expert witness on behalf of the solicitors representing an Australian fuel retailer involving land in northern NSW being compulsorily acquired as part of the Pacific Highway upgrade project.  The Land and Environment Court of New South Wales judgment referring to Adam Giliberti’s evidence is here United Petroleum Pty Limited v Roads and Maritime Services [2018] NSWLEC 35 (23 March 2018).  It is a lengthy judgment so allow us to summarise that the Court preferred the evidence of Adam Giliberti over the opposing expert about the claim for the value of the business assuming a business extinguishment.  The respondent subsequently appealed the decision and the Court of Appeal of New South Wales changed the law to deny the claim for loss of profits.  This appeal decision has since fundamentally changed the compulsory land acquisition compensation landscape in New South Wales involving an unregistered lease between related parties and where the business ceases to exist as a result of the land acquisition.

The Trustee for Whitcurt Unit Trust v Transport for NSW [2021] NSWLEC 82 (30 July 2021)

Adam Giliberti was called as an expert witness on behalf of the solicitors representing a NSW government department involving the compulsorily acquistion of land as part of the Sydney airports gateway road project, which was formerly used as a golf driving range.  The Land and Environment Court of New South Wales judgment referring to Adam Giliberti’s evidence is here The Trustee for Whitcurt Unit Trust v Transport for NSW [2021] NSWLEC 82 (30 July 2021).  It is a lengthy judgment so allow us to draw your attention to the Court referring to Adam Giliberti’s evidence as a “reality check“ in paragraph [147] and found in favour of the NSW government department and denied the claim for loss of profits as compensation.

What is Adam Giliberti qualified to give expert opinions on?

Adam Giliberti possesses the right type of expertise to opine on ‘loss of profits’ and ‘loss of value’ as part of damages or compensation.  As a valuation expert, he opines on the value of intangible assets and going concerns (businesses), valuation of intellectual property rights and part ownership interests.  He also opines on the financial viability of businesses and the solvency of entities and is experienced in financial investigations (e.g. asset tracing) and reporting on financial irregularities and fraud.

Adam Giliberti’s expert advice, reports and ability to give oral testimony, if required, make him a wise option in a financial dispute.

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