Disputes, litigation and family law
When knowing matters
In complex disputes and litigation matters, Deloitte works with organisations and their lawyers in judicial and alternative dispute resolution forums, across a range of jurisdictions. Drawing on our deep expert witness, financial analysis, damage quantification, forensic accounting and discovery capabilities, we give our clients the insight and understanding they need to strengthen their case, at all stages of a dispute.
- Dispute services
- Fraud and corruption investigations
- Accounting investigations
- Other regulatory investigations
Our Expert Witness services are a key element of any process where quantum rests at the heart of the dispute. We can also assist before litigation proceedings commence, when it is important to assess whether there is a likely cause of action, how difficult it is going to be to isolate the damages resulting from the breach (alone), and the range of possible processes and costs involved in assessing the quantum of loss or damage in a compelling manner.
Members of the Deloitte Forensic team have a significant amount of experience in the provision of independent expert witness evidence (both written and oral) and consulting expert services. The forum for these services has ranged from commercial negotiations between two parties, commercial litigation, family law, arbitration, expert determination and multi-party class actions. We are also often appointed as experts in more personal matters, such as cases involving deceased estates and Family Law proceedings, where the appointment is usually as a single expert who must act impartially on behalf of all parties to the proceedings.
Oftentimes, we also act in an advisory capacity either ahead of, or in parallel to, the appointment of another independent expert, as our clients often find it advantageous to explore elements of the claim in this way and ensure that the independent expert is briefed as efficiently as possible.
We work closely with our Forensic Technology team who is able to extract and organise both structured data (such as databases, enterprise systems, etc.) and unstructured data (such as email messages, audio files, etc.) to assist in providing the evidential basis of a claim. This team can also be critical in every stage of the electronic disclosure process and have received many plaudits for being instrumental in winning cases.
In recent years, we have helped a number of large Australian businesses navigate wage underpayment concerns and payroll issues. Whether the root cause was incorrect application of award rates or poor business practices, these can lead to reputational damage and the loss of trust from employees and the general public in the brand and the business.
Applying our forensic analytics capabilities alongside our forensic accounting expertise, we bring an outstanding depth of experience and can provide detailed modelling and recalculation for your workforce to deal with the matter quickly and confidently.
Forensic accounting investigations
Unexpected financial results, financial misstatement, missing assets and suspected fraud are all common triggers for accounting investigations which require going beyond the financial statements to establish the facts.
Whether we’re investigating accounting “black hole” irregularities, asset impairments, complicated accounting schemes, discrepancies in the results of a subsidiary or concerns from an investor as to how an investment has performed, we will apply our exceptional knowledge and skills to each individual case.
Not only can we investigate intricate accounting issues, but we can also advise clients on professional negligence claims, commercial disputes and other litigation related to accounting issues. We are highly practised at developing and implementing enhancements to internal accounting policies and procedures, as well as the associated internal controls, so as to reduce the risk of future errors or irregularities.
Deloitte has an outstanding and leading global reputation in this area, based on a track record of success on a significant number of assignments over 20 years. This continues today with a much greater emphasis on electronic detection and analysis tools to reflect the underlying nature of much of the evidence as well as the increasing sophistication of misappropriation schemes.
Our asset tracing team is experienced in working with legal professionals to locate, identify and freeze stolen assets. We are also experts at tracing a transaction from its origin through to destination. We can help you to recover assets through civil remedies and act as court-appointed receivers to seize and manage recovered assets.
Much of our Asset Tracing and Recovery work is cross border, requiring a deep understanding of offshore jurisdictions. As one of the largest networks of Forensic practitioners in the world, we can call on international strength in Asset Tracing and Recovery, enabling us to safeguard stolen assets in offshore accounts before fraudsters are aware they are under scrutiny.
To ensure maximum effectiveness and efficiency, we use advanced techniques, combining accountancy based investigative methods with business intelligence and forensic technology.