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In a recent NSWSC judgment, the Court found that an error identified by the Expert is not a ‘manifest error’.
In a family law matter, the outputs from an expert valuation – usually a single expert valuation – are often pivotal to the outcomes for the parties involved. Therefore, how a single expert valuer is engaged and utilised by the parties should be carefully considered and planned so the parties achieve maximum value.
The choice between EBIT or EBITDA as the basis for the Future Maintainable Earnings (FME) of a business is encountered by business valuation professionals in each new matter which presents itself.
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.
Across the country, we are seeing a growing trend for shareholder oppression proceedings due to mechanism being used to expediate a deal between disputing shareholders. But how do you value a minority interest held by a shareholder when they have instigated such proceedings? We look at a recent judgment which provides further clarification for valuers in these growing scenarios.
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.