Our latest insights

When there is commingling of assets, as often seen in family law or commercial disputes, it can become difficult to identify asset ownership and asset value. In these instances, asset tracing is used to determine the source of the asset and how the asset has been used prior, and in the course of the dispute.

Expert evidence – in both written form in the witness box – is a critical element of any legal proceedings. However, it is an Expert’s conduct in the witness box under cross-examination that is often the most commented upon by the Court through the judgments published.

In many legal disputes where a business is involved, the value of the business is integral to the outcome of the dispute. But is it the value of the business that is required, or the value of the entity which operates the business?

When issuing your instructions to an accounting expert, the correct wording of the instructions is very important.

In most cases, some level of assumptions have to be made when developing an expert witness or forensic accounting report. But there are some rules around what assumptions the Courts will accept as part of your findings. From instructed assumptions and assumptions made by the expert and testing their reliability, we explore assumptions in the context of your Expert Witness reports.

The use of third party information is a reality of building an expert witness report. Compiling our areas of expertise with that of others can elevate findings and create a well-rounded, comprehensive report. But not all sources of information are created equal – and the Courts have strict requirements for what third party information is acceptable and what isn’t. In this article we look at the growing trend for an expert’s reliance on third party sources and the perception by the Court.

Hearing the words ‘Division 7A’ is often accompanied with a twinge of anxiety – and for good reason. This area of tax legislation is incredibly complex, and for family businesses, Division 7A can be a particularly difficult concept to navigate.