Commercial Disputes & Litigation

Commercial Disputes & Litigation

Our expert witness reports are known to swing the pendulum in your client’s favour when served on the other side and our expert testimony has been considered persuasive and credible across numerous superior courts of Australia.

We act on instructions from lawyers representing business interests, insurance companies, individuals and government authorities requiring forensic accounting and valuation services.

Our forensic accounting and valuation practice for commercial disputes and litigation spreads across numerous practice areas of law, including but not limited to, general commercial disputes practice, insolvency, property law, construction and infrastructure projects, intellectual property law.

Acuity Forensic Offers Expert Opinions On:

  • Quantum of loss of profits forming claims for the remedies in damages (in tort and/or breach of contract), account of profits, equitable compensation and compensation under different land acquisition statutes.
  • Valuations of intangible assets, intellectual property rights, going concerns (businesses) and part-ownership interests (in legal entities). 
  • Financial viability of a business and solvency of a legal entity (or group of entities).
  • Financial irregularities (e.g. asset tracing engagements) and fraud.

Legal Jurisdictions

We have presented expert evidence in the Federal Court of Australia, Supreme Courts of NSW, Victoria, Queensland, ACT, Northern Territory and the Land & Environment Court of NSW, as well as other courts and tribunals. We are skilled at alternative dispute resolution methods, including arbitration (international and domestic), mediation and other informal methods.

Acuity Forensic’s expert advice and expert reports typically result in the parties to the litigation proceedings reaching a settlement.

Forensic Accounting & Valuation Key Matters

Plaintiff achieves a financial settlement

Expert reports for use in proceedings in the Supreme Court of NSW opining on a multi-million dollar claim for damages (for various lost opportunities) by a leasehold pub from its landlord in relation to numerous breaches of the lease. A suitable financial settlement was obtained by the plaintiff following the serving of our expert evidence.

Post-business acquisition dispute

Expert report for use in the Supreme Court of NSW involving a post-acquisition dispute, specifically earn-out clauses and deferred consideration payable, where Adam Giliberti opined that curved line regression techniques are preferable to the plaintiff’s expert simple linear regression to demonstrate no earn-out was payable. The instructing solicitors successfully defended this matter after serving our expert evidence.

Plaintiff in arbitration comes out empty-handed

Expert reports for use in arbitration proceedings opining on causation (i.e. dealing with financial health of the underlying business) and a multi-million dollar damages claim (for unpaid amounts and various loss of opportunities) relating to contractual matters in dispute involving the construction of a LNG pipeline in Queensland. The instructing solicitors successfully defended this matter after serving our expert evidence.

Bank’s reputation was kept intact

Opining on loss of profit and loss of value forming part of damages and having the Federal Court of Australia prefer Adam Giliberti’s expert evidence preferred over the other side’s expert in a matter in which he was instructed by a top-tier international law firm representing one of Australia’s Big 4 banks. Court decided in favour of the clients on all matters argued by the instructing solicitors.

Why Acuity Forensic?

Acuity Forensic is trusted by litigators and parties in dispute, including blue chip corporates and government departments, for high-quality expert advice, expert reports and ability to give credible testimony, to achieve a fair and sensible resolutions involving a financial dispute.

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