Forensic accounting & valuations

Our Experience

Sapere Forensic is a team of Forensic Accountants providing expert accountancy and valuation services in commercial and intellectual property disputes. Our team has accumulated decades of experience in the provision of expert witness services, ranging from large and complex disputes (with quantum exceeding $100 million) to small quantum or single issue matters.

Our experience includes the provision of expert reports and oral testimony in:

  • The Federal Court of Australia;
  • The Supreme Courts of NSW, Victoria, QLD, SA and WA; and
  • Overseas jurisdictions, such as the UK, the US, New Zealand, Hong Kong, Singapore, Switzerland and Vienna for Court and International Arbitration hearings.

We have also assisted our clients with the:

  • Initial assessment of likely issues in dispute;
  • Identification of relevant documentation to be relied upon;
  • Preparation of complex financial models to assess damages, and valuation calculations based on different scenarios and assumptions; and
  • Provision of our findings in the form of a presentation and/or short-form or formal report.

Services

Damages

We have provided independent expert reports and oral testimony as to the quantum of damages arising from claims for loss of profit, loss of value, loss of opportunity or wasted costs in numerous industries, including:

  • Investor class actions in many industries;
  • Pharmaceutical and medical;
  • Financial services;
  • Manufacturing;
  • Computer software;
  • Managed investment schemes;
  • Food and beverage;
  • Construction; and
  • Waste disposal.

Valuations

We have extensive experience in the valuation of businesses and intellectual property. Our experience includes both non-contentious and contentious valuations arising in the context of:

  • Fundamental value issues arising from shareholder class actions;
  • Taxation disputes;
  • Post-acquisition disputes (including expert determinations);
  • Business interruption;
  • Viability concerns; and
  • Misrepresentation claims.

Accounting Issues and Investigations

Sapere Forensic is regularly instructed to investigate accounting records in the context of disputes or alleged irregularities. Our experience includes the provision of expert opinions as to whether:

  • Accounting records have been maintained in accordance with the Corporations Act 2001;
  • Accounting is in accordance with GAAP and relevant accounting standards;
  • Accounting is in accordance with Sale and Purchase Agreements;
  • Accounting is in accordance with other prescriptive requirements, such as Trust Deeds; and
  • There are any solvency issues.

Intellectual Property

Sapere Forensic has unparalleled experience in the estimation of loss arising from intellectual property disputes, including:

  • Enquiries as to damages;
  • Accounts of profit;
  • Undertakings as to damages;
  • Determination of reasonable royalty rates; and
  • Conducting royalty examinations.

Expert Determinations

Sapere Forensic has significant experience in expert determinations. We have provided determinations as the independent expert in the financial services sector, the broadcasting sector, compulsory land acquisitions and insurance claims.

International Arbitration

The Sapere Forensic team has been involved in large number of major international arbitrations, including:

  • A US$2 billion Build-Operate-Transfer contract dispute in the telecommunications sector in Lebanon;
  • A US$4 billion dispute in the telecommunications sector;
  • A software distribution dispute;
  • A beer distribution dispute; and
  • A Build-Operate-Transfer contract dispute in the construction sector.

Class Actions

Sapere Forensic has been involved in some of Australia’s major investor and security class actions (see case examples).

Taxation Disputes

Sapere Forensic is regularly instructed as experts by solicitors acting either for or against the Commissioner of Taxation. These disputes typically involve either technical accounting issues or the value of shares, businesses and/or intangible assets.

Asset Tracing

Sapere Forensic has provided independent expert reports and oral evidence on a number of large and complex asset tracing assignments.

CASE EXAMPLES

Class actions

Centro
Storm Financial
NAB
Great Southern Group
GPT
Amcor/Visy
Air Cargo
Challenger
Other confidential matters

Intellectual Property

Gambro v Fresenius
Apotex v Sanofi-Aventis
Warner-Lambert v Apotex
Apple v Samsung
Coflexip v Stolt Offshore
Nominet v Diverse Internet
Stena Rederi Aktiebolag v Austal Ships
Sales
Other confidential matters

Other commercial disputes

NTG v Fairfax
Groves v Groves
OPSM v Specsavers
Olivayle v Flottweg
Reilly v Australian Co-operative Foods
Motorola and Nokia v Kemal Uzan et al
OB Singapore Operations v MFM
Restaurants
Other confidential matters

Taxation disputes

Orica v COT
Blank v COT
ZZGN v COT (ATT)

Other confidential matters