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Commercial Disputes & Litigation

Subject areas featured include intellectual property litigation, shareholder class action litigation, tax litigation, damages, solvency and a range of other topics relating to expert financial opinions.

Assessment date in damages & compensation

The assessment date in the context of damages represents the point in time all of the losses, typically which may have accrued and continue to accrue over a period of time, are converted to a single number representing a ‘once-and-for-all’ lump sum amount as part of damages. This article focuses on the technical and thorny issues concerning the assessment date in damages and compensation.

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Valuation of intangible assets – cryptocurrencies

This paper is intended to provide guidance to those interested in valuation of cryptocurrencies, being a new type of intangible asset.

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‘Capitalisation rates’ and ‘discount rates’ used in valuations & claims for loss of profit as part of damages or compensation

Rather than hope that the court will prefer your expert’s opinions, over your adversary’s expert opinion, on the relevant capitalisation rate or discount rate that should be applied, we have provided a comprehensive presentation to arm lawyers with the relevant need to know information on this vexed and technical topic.

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CA Forensic Accounting Specialist triumphs in a shareholder oppression matter

AVG Forensic was engaged in early June 2019 to provide covert forensic accounting investigations of a finance director (and founding shareholder) suspected of fraudulent behaviour. These investigations revealed financial results manipulation spanning numerous financial years and significant unauthorised payments by the company at the benefit of this finance director and shareholder. A mutual arrangement was reached between the 2 company directors whereby the finance director resigned from the company at the end of June 2019. The nature of the dispute from this point in time, was that this former director and company shareholder, sought an unreasonably high amount in consideration for the value of his shares in this company.

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Is Valuation more Art than Science?

Our forensic accounting and valuation experts answers this question. Put simply, we think this is the wrong question to ask.

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Alternative Dispute Resolution (ADR) methods

What is ADR, different types of ADR practitioners, advantages of ADR.

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Spotlight on Commercial Law Services Sector

We put our forensic spotlight on the Commercial Law Services sector investigating what drives demand in this sector and how it is currently performing.

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Spotlight on the Property Law sector

We put our forensic spotlight on the Property Law Services sector investigating what drives demand in this sector and how it is currently performing.

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Goodwill Hunting

The High Court of Australia’s decision in Commissioner of State Revenue v Placer Dome Inc (now an amalgamated entity named Barrick Gold Corporation) [2018] HCA 59 addresses the legal meaning of ‘goodwill’ and applies it to a tax matter involving a mining company

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Assessing the financial viability of a business and solvency of a company

There is no one determinative factor which determines whether a business is a financially viable and whether a company is insolvent. This article addresses all the factors which need to be considered.

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Patent Infringement – Account of Profits or Damages?

The relative merits of pursuing an Account of Profits or Damages
Registering a patent in respect of a product is designed to provide some competitive advantage to the innovator to deter a competitor entering the market and selling a ‘copycat’ product. However, a registered patent does not guarantee competitive advantage as the following scenarios may arise.

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Estimating Damages in Shareholder Class Actions

Directors’ breach of ASX listing rules on continuous disclosure
The obligations on directors to keep the market fully and accurately informed on a timely basis, directors attempting to positively influence the company’s listed price, the courts acceptance of litigation funding, and increasing vigilance by shareholders and plaintiff law firms in respect of directors’ disclosures have all contributed to the rise of shareholder class actions in Australia.

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How we help
We deliver high quality expert advice and reports on forensic accounting and business valuation issues.

Phone: +61 2 8188 4889
Level 57, 19-29 Martin Place
Sydney NSW 2000

Phone: +61 3 8658 4278
Level 40, 140 William Street
Melbourne VIC 3000