In a recent NSWSC judgment, the Court found that an error identified by the Expert is not a ‘manifest error’.
Critiquing another expert's report is a core skill of a forensic accountant. In this article, we set out the key areas of critique, how we approach them and three things to focus on.
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.