Family disputes
Lotus Amity provides valuations in family disputes. Valuations may be provided for internal consulting purposes, mediation, or as a joint single expert witness report for Court. Critiques (shadow expert reports) are also provided of other valuation reports.
Expert reports for the Court comply with Divisions 7.1.4, 7.1.5 and 7.1.6 of the Federal Circuit and Family Court of Australia Rules 2021.
Experience
Examples of previous valuation engagements related to family dispute matters include the following:
- Valuation of a sole beneficiary interest in a trust providing property finance, business finance and insurance broker services. Lotus Amity prepared a single expert witness report on behalf of both parties which analysed the business operations, income and loan book, expenses and balance sheets and adopted an Income, Market and Cost approach to value the company.
- Valuation calculation of a parties’ vendor finance and associated income stream arising from a contract of sale of shares in a related company. Lotus Amity prepared a single expert report calculating the net present value of the income stream in accordance with the valuation approach agreed by the parties. The report assessed the share sale agreement, vendor finance deed, security agreement, the current and future streams of income, the expected cessation, and modelled a discount rate considering the default risk and the recoverability of the debt.
- Critique of a single expert valuation report of an import and export business and the application of funds. Lotus Amity prepared a shadow expert report critiquing the expert’s analysis of the business, projects, sales growth, valuation method, and assumptions.
- Valuation of a parties 50% interest in a real estate partnership providing buying, selling, renting and holiday leasing services. Lotus Amity prepared a valuation report to assist a party in settlement negotiations. The report assessed sales, commissions and profitability, considered key employee risk and customer concentration risk, market salaries and comparable transactions and court decisions.
- Valuation of a parties 100% interest in a company operating an engineering business primarily within road infrastructure. Lotus Amity prepared a single expert valuation report for the NSW Federal Circuit Court. The report analysed sales, the impact of COVID-19, contracts and quotations, project outlook, owner market salary, sales forecast and adopted an income and market valuation approach.