Commercial Litigation

Commercial Disputes & Litigation

Subject areas featured include intellectual property litigation, shareholder class action litigation, tax litigation, damages, solvency and a range of other topics relating to expert financial investigations (asset tracing engagements) and opinions.



By Adam Giliberti February 13, 2025
Claims for compensation under s1317H of the Act in court proceedings involving shareholder disputes should be carefully considered by a forensic accountant called on as an expert witness.
By Adam Giliberti November 18, 2024
I've heard litigators refer to the EXPERTS' CONCLAVE as the 'cone of silence' so I thought I would write a little about it.
Top 20 Brands in 2024 per Brand Finance, leading international brand and strategy consultancy
By Adam Giliberti June 8, 2024
A relief from royalty method is an elegant and widely used valuation method to value Brand. This method is ideal for valuing brands supporting products and businesses which are established. Download our technical guide to receive insight in how we value Brand.
What is True Value? HCA considers it in misleading & deceptive conduct
By Adam Giliberti February 29, 2024
What is True Value? The High Court of Australia provides guidance and considers it in the context of misleading and deceptive conduct litigation.
Tax Gross-Up on Claims for Damages & Compensation
By Adam Giliberti November 14, 2023
What is a tax-gross up? What is the justification for it in damages or compensation? The danger for forensic accountants in making assumptions on tax with little knowledge of tax law and compulsory acquisition lesson learned.
By Adam Giliberti August 7, 2023
This article addresses the valuation of a non-controlling (minority) ownership interest in a privately owned company (or trust) and the commonly applied valuation discounts when considering the 'market value' of such interests.
By Adam Giliberti May 28, 2023
This article addresses the considerations of an expert, tasked with quantifying claims for loss of profit, as part of claim for damages or compensation, as it relates to a ‘but-for’ scenario. This article also addresses the key documents that instructing plaintiff lawyers would likely need to help procure from its client to assist the expert to quantify damages.
By Adam Giliberti January 23, 2023
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.
By Adam Giliberti November 29, 2022
This paper is intended to provide guidance to those interested in valuation of cryptocurrencies, being a new type of intangible asset.
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