Commercial Disputes & Litigation

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.

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

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.

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.

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

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

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

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

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

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.

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.

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.