Forensic Solutions Family Law Capability Statement

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WHY THE NAME FORENSIC SOLUTIONS?

The name has been chosen because it best describes our focus as forensic accountants

The needs of clients and the complexity within their matters are rarely the same. We appreciate this and this is the fundamental that has drawn to the four pillars of our business

Finding the right solution for your client

Experience at your fingertips for benefit of your client

Achieving the fairest outcome for your client

WHY CHOOSE US?

Suite 274 Waterman Camberwell L1, 793 Burke Road, Camberwell

Managing your expectations for benefit of your client

David and Kellie established Forensic Solutions Litigation Support in 2020, a boutique litigation support practice with the client’s needs as the central focus of all that they do.

But what do these four pillars really mean?

FINDING THE RIGHT SOLUTION

"We will talk to you to determine which of our services and fee arrangements provide the best solution for your client "

The right service for the circumstance

There are occasions where we receive a request to prepare an expert report where the litigants have no intention of attending a Court Instead they would prefer to get together in an effort to resolve the dispute. There are other occasions where we receive a request to prepare an expert report a few months before the matter will be contested in Court.

When you approach us we will discuss your client’s requirement and depending on where they are along the dispute pathway we will tailor one of our services for them

Fee arrangements to suit your client

We understand the limitations and expectations of your client. We can be flexible with our fee arrangements and match these to suit your client. You may charge your clients on a fixed fee basis and it makes sense that we do the same! Your client may prefer to be charged on an hourly rate and that is fine too

We can also provide your client with payment options that help them spread the cost over the duration of the matter Please be sure to discuss fee arrangements with us at the start of a matter so that we can customise a solution for your client

Providing forensic solutions is our sole purpose and focus You will always have an expert within your reach "

Your clients are in safe and experienced hands. David has been providing forensic accounting services for over 20 years and Kellie for 15 years. They have experience with major international mid-tier and “Big 4” accounting firms and have worked together for over a decade.

A review of their individual CVs will reveal their experience David and Kellie have prepared a large number of independent expert reports that have been accepted by the Family Court and the Federal Circuit Court They have also prepared valuation reports that have been accepted by the Federal Court, Supreme Court, Land and Environment Court and Victorian Civil and Administrative Tribunal, and have both prepared business valuations for non-litigious purposes including financial reporting, restructuring and refinancing lending facilities David and Kellie’s calm demeanour means they are best placed to appear as expert witnesses

Please give us a call or send us a message if you would like a CV for David or Kellie.

ACHIEVING THE FAIREST OUTCOME

"As an independent expert it isn’t our job to get the best result for your client, it’s our job to give you an objective view so you can achieve the best possible outcome "

Depending on the service selected by your client, we understand our obligations to the Court Particularly as they relate to preparation of independent expert reports

While this has the potential to create conflict for your client, we also understand that as advisers to your client you need to understand the real position so you can advise your client on the most appropriate legal strategy so that they can achieve the fairest outcome

MANAGING YOUR EXPECTATIONS

"In our profession we need to share bad news as often we share good news No matter the outcome of our assessment, we will make sure you have the knowledge to advise your client "

We understand that your client enters into the litigation process with an expectation of the outcome and there are times where these expectations do not reflect the eventual outcome

While dependent on the service selected, it is important that we manage your expectations This means it’s just as important that we share the bad news as the good news. No matter the outcome of our assessment, we will make sure you have the knowledge to advise your client.

WHAT ARE OUR SERVICES?

Preliminary Assessment

When your client is in the negotiation phase, it is possible that all they need is a preliminary assessment At this stage a review of the corporate structures being used, an assessment of financial resources available to them, a consolidation of the net assets within the structures or an indicative business valuation would enable them to enter into settlement negotiations or mediation While an analysis of this type can be completed applying the same procedures as an expert report, a letter of findings or short form report may be sufficient to meet the needs of your client, avoiding the requirements and expense of an expert report that satisfies Court requirements

Expert Report and Expert Evidence

Where negotiations have been unsuccessful and your client needs to take the next step, we can assist by preparing an independent expert report for acceptance by the Court This can be in the form of a single expert report or an adversarial report in circumstances where the parties agree to proceed on this basis Our experts have experience in the preparation of expert reports that have been accepted by the Court and will proceed to give expert evidence should it proceed to Court At all times our Expert Reports prepared for Court purposes will comply with the requirements of the Court

Single Expert Report

If the Court orders the appointment of a single expert, or you determine that it's the best approach, we have the experience and understanding to operate in accordance with the requirements of the Court. We take the time to calmly work through the information and provide a reliable opinion for your clients. We can provide your client with an estimate of fees to prepare an expert report so your clients can agree on an expert or alternatively we are comfortable receiving joint instructions where the Parties have already agreed to appoint either David or Kellie as their expert

Review Another Report

Where an expert report has been prepared in your client’s matter and you are not quite sure whether the opinion is right, we can review the report and provide a preliminary opinion so you can make sure you take the next steps with confidence. If needed, we can then prepare an independent expert report for acceptance by the Court that concentrates on the matters in dispute

Shadow Expert

In more complex matters it may be necessary for you to have a forensic accountant as part of the legal team We can review the documents provided by your client, recommend what information is relevant for the independent expert and assist you to draft instructions In these matters you will have an experienced forensic accountant as part of your legal team to assist in achieving the best outcome

WHAT ARE THESE FLEXIBLE FEE ARRANGEMENTS?

Most of your clients operate in an environment where they know the price of the product they are purchasing before they buy it Often the litigation process is their first experience with the concept of hourly rates and time based billing They would much prefer to know how much they will pay before we start the work.

We understand this and can design an option that suits the needs of your client based around three common principles.

Fixed fee arrangement where the amount of the fee is set at the beginning Traditional hourly rates where we purely bill based on hourly rates

These arrangements are supported by the payment options that are available to your client, which include direct debit, credit card or bank transfer. the only condition is that when your client chooses their preferred fee option, they will also need to choose their preferred payment option

Please give David or Kellie a call or send them a message if you would like to understand how this can work for the benefit of your client

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