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Commercial Litigation

Business Goodwill – What is it?

by 1 October 2009

Goodwill is an intangible asset derived from other assets of the business. Its existence depends upon proof that the business generates and is likely to continue to generate earnings from the use of the identifiable assets, locations, people, efficiencies, systems, processes and techniques of the business.

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Business Valuations of Minority Interests in Private Company

by Arnold Shields 24 August 2009

We have often had to address the issue of minority interests when valuing businesses in litigation matters and business restructuring. A minority interest is one where the interest does not have control of the entity being valued, i.e. the shareholding is less than 50%.

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Business Valuation Rules of Thumb

by 18 August 2009

Rules of Thumb in business valuations almost always benefit the seller of a business. Rules of thumb are often used to justify or validate the value of a business that is either unprofitable or uneconomic.

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Common Mistakes in Economic Loss Part 2 – Expenses not deducted

by Arnold Shields 29 July 2009

Any economic loss needs to take into account the relevant expenses incurred in earning that income.

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Common Mistakes in Economic Loss 1 – Loss based on short period.

by 28 July 2009

As forensic accountants, acting for either the plaintiff or defendant, we often see claims for economic loss in commercial litigation and personal injury based on a level of income that is only for a short period of time.

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Case Study 1: Shareholder Disputes – Building Company

by Arnold Shields 20 July 2009

When a property developer approached Dolman Bateman, they were engaged in litigation with a partner company over a large multi-million dollar residential development. As the project was coming to an end, a dispute emerged in relation to the costs incurred in the building’s development.

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Lessons from Timbercorp Collapse

by 9 June 2009

What we can learn from this:
Beware of tax-driven schemes – they are usually unviable investments.
If a return sounds too good to be true, then it probably is.
Do your homework.
If you don’t understand it, you shouldn’t be in it

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