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Litigation Support, Forensic Accounting

Litigation Support

Problem: In a dispute between parties, you need complex financial and business issues analysed, interpreted and summarized to assist in legal proceedings.

Solution: We provide professional assistance to lawyers (or other parties) in the litigation process, including acting as a single or joint expert witness.  Sometimes the assignment has not reached a litigation stage and we are asked to intercede in an attempt to resolve a situation.  We assist parties before the litigation stage by developing appropriate strategies to help parties reach mutually agreeable solutions.

Under any course of action, we take an impartial and unbiased approach to develop strategies that aim to achieve a fair outcome for our clients.

The circumstances surrounding these types of assignments require that the scope and expected outcomes are very clearly defined and agreed to by the parties. We are conscious that our reports may be used in Court proceedings and we adhere strictly to the codes of conduct established by the major courts in Australia, including the Supreme Court, Federal Court, Family Court and District Court.

Many of the assignments are also extremely confidential, particularly in the early stages, and we go to great lengths to protect that confidentiality.

Types of assignments undertaken:

  • Dispute resolution between shareholders – small retail franchise, where shareholders had diverse opinions as to the worth of the business. Business valuation was conducted, followed by attempts at mediation with the parties.
  • Fraud Investigation – claim by major creditor and shareholder against an insolvency practitioner for alleged misuse of company funds. Assignment included forensic review of cash transactions and identification of specific transactions.
  • Employment Claim – we acted for a former employee of a church based community who was claiming unpaid entitlements as well as other monies owed, with a total claim in excess of $1.5 million. The matter was settled in favour of our client.

Forensic Accounting

Forensic Accounting is the specialty practice area of accountancy that analyses, interprets, summarises and presents complex financial and business related issues, usually to assist in legal proceedings, including testifying in court as an “expert witness”.

dVT Group deliver top class forensic work, as we combine our long standing accounting knowledge with intelligent, investigative skills, to deliver thorough examinations that are suitable and reliable for use in court proceedings.

Examples of services we provide:

  • Reconstruction of accounts to resolve shareholder disputes
  • Investigation for fraud & theft allegations
  • Tracing of assets – Investigating what happened to assets

Types of assignments undertaken:

  • Family Law – many of our assignments have been assisting parties in family law settlements where there has been either a dispute over financial transactions, or deliberate non-disclosure of assets, and our services have been used to trace monies and assets to provide substantiation for claims in the Family Court. Industry sectors involved in these assignments include professional services, motor vehicle repairs, technology and construction.
  • Profitability Analysis – we were requested to determine the reasons for cash flow difficulties for a company in the labour hire sector. Part of the assignment was to ensure that no misappropriation of funds was taking place and that all corporate policies and procedures in regard to accounting functions were being properly adhered to. The assignment involved reconciliation and analysis of all cash and trading transactions over a number of weeks, resulting in recommendations that were implemented.
  • Shareholder Dispute – this involved a number of parties associated with one of Sydney’s major property developers and required detailed reconciliation and reconstruction of transactions over a 10 year period. This assignment was particularly complex in that shareholders and investors in the developments were not consistent, and funds needed to be traced from development to development.