Commercial disputes are an everyday risk of doing business and unfortunately, they can be complex, costly and disruptive. If not managed effectively, a dispute may adversely impact your organisation’s value and reputation. Working with a forensic accounting expert can provide significant support to your business.

Given the prominence of technology in business, understanding and being able to comment with authority on the use of technology is a pivotal part of settling commercial, workplace or similarly related disputes.

Our technology team provides expert opinion in relation to disputes or potential disputes between domestic and international parties. We are called upon by the courts to help clarify often complex technology, information or risk related matters.

Our leading team of forensic accounting and technology experts have the skills to help you and your legal advisers navigate through commercial disputes. Drawing on our decades of experience, we help you focus resources efficiently and minimise disruption to your business throughout the duration of the dispute. Above all, we provide you with impartial advice and practical solutions to achieve the best possible outcomes.

As independent and consulting experts, we investigate facts, provide accounting and financial analysis, critique claims and expert reports, conduct early dispute assessments and deliver expert testimony in both domestic and international proceedings. Our team is experienced in a wide range of industries and sectors, bringing a breadth and depth of knowledge in areas such as:

• loss assessment;
• valuations;
• costing;
• solvency;
• forensic technology;
• audit; and
• forensic accounting.

Our Experts

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Our Experience

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Information is one of your organisation’s most valuable assets, which makes its loss or interference one the most critical risks.

When an incident arises – such as unauthorised access, theft, accidental or deliberate deletion of data or when an organisation is required to respond at short notice to regulatory pressure, scrutinise information for an investigation, manage large volumes of data for commercial litigation, specialist help is often required.

Our specialist electronic information management solution allows you to identify potentially relevant data and produce only relevant information, using advanced analytics and specialist techniques.

With experience in law enforcement, high tech crime and the Australian Defence Force, our technology team is regularly asked to conduct complex forensic analysis investigations and prepare detailed expert evidence on behalf of our clients, or directly for the courts. Acting as expert witnesses, we have presented evidence and been cross-examined in legal proceedings and international arbitrations.

Our professionals execute Anton Pillar orders as the nominated independent computer forensic expert, or act in this capacity on other civil search orders regimes that require deep computer forensic expertise.

Working alongside you and your legal advisers, our forensic accounting and technology experts use their broad experience to help focus resources efficiently, minimise disruption to business and, above all, provide you with impartial advice and practical solutions to achieve the best possible outcomes.

Our Forensic Technology services include:

• Cyber Awareness
• Cyber Risk
• Digital Forensics
• eDiscovery
• Incident Handling & Response
• Information Security

Our Forensic Technology Experts

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Our Experience

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The cost of financial crime in Australia is estimated to be in excess of $6 billion. Responding quickly and decisively to allegations of fraud or misconduct is critical – you only get one chance to get it right. However, organisations often lack the resources with the right skills, experience, analytical tools and technology to conduct an internal investigation on their own. Seeking help from our experts will help ensure you get an effective, prompt, cost-effective and objective investigation.

We work closely with boards, government agencies, senior executives and legal advisors to conduct independent investigations and report the facts, enabling management to make informed decisions. We approach all matters with a consistent methodology, designed to withstand scrutiny and give you the confidence to rely on our work and the conclusions we draw. As financial experts, we work with you to understand the issues, evidence and people involved and then design a phased investigation approach that minimises disruption to your business.

Our team is experienced in a wide range of investigation types, such as:

• financial market manipulation and misconduct;
• conflicts of interest;
• highly complex fraud investigations;
• financial misstatement involving inaccuracies and misrepresentations in the financial records;
• foreign corruption and bribery matters;
• foreign interference investigations;
• workplace investigations involving allegations of bullying, harassment and policy breaches;
• whistleblower complaints;
• identify and trace assets in situations where money has been misappropriated or misused; and
• IP theft investigations.

We also work closely with in-house investigation teams, undertaking independent reviews and providing access to our investigative technology tools. We acquire and host electronic evidence that can be securely accessed and forensically searched remotely, which enables in-house teams to conduct investigations using their own people.

Our Investigations Experts

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Our Experience

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Today, more than ever, boards and senior management are subject to demands from the constantly changing regulatory environment. ‘Dawn raids’ and Notices to Produce/Appear place significant pressure on management resources, with regulatory notices often only providing a short amount of time in which to respond.

Our team regularly assists organisations, lawyers and regulators with responding to a range of regulatory requirements. These include Commissions of Inquiry, Notices to Produce/Appear, Requests for Information and Enforceable Undertakings. We act as independent experts and have been endorsed by the regulatory body. Our role will often involve the assessment of governance frameworks, policies, procedures and practices against legislative requirements. We also research and identify potential areas for improvement.

Addressing regulatory breaches often requires developing and implementing remediation plans. How you approach remediation can be critical in minimising reputational and financial damage, so it’s important to get it right. Our independent experts have worked on large, public remediation programs for corporations and government agencies – from identifying non-compliance, fraud or misconduct through to providing robust financial analysis in support of remediation and compensation schemes.

In certain situations, you may also need an expert to source, collate and review large volumes of data to identify relevant information. We work closely with our technology team in instances where this service is required to ensure you get the best possible advice and support.

Our Regulatory Experts

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Our Experience

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Failure to effectively manage the risk of financial crime, fraud, corruption and inappropriate behaviour can significantly damage your reputation and negatively impact your bottom line. It is not enough to simply respond to issues when they arise; organisations must be proactive in preventing misconduct and mitigating its consequences.

While completely eliminating these risks is not possible, they can be significantly reduced when you seek to continually review and enhance your existing fraud and corruption risk management frameworks. Being proactive is the best approach in order to withstand unwanted external scrutiny, reputation damage, loss of management time and the significant associated costs.

Historically, by global standards, Australia has had extremely low levels of enforcement in relation to bribery, corruption and other types of corporate misconduct. However, times are changing. Recent amendments to bribery and corruption and whistleblowing legislation have increased regulatory focus on organisational culture and risk management frameworks. It has never been a more critical time to seek expert advice when it comes to your risk management policies.

The McGrathNicol team has extensive experience in developing and implementing rigorous risk management frameworks, having worked on major corporate collapses, investigations and disputes for decades. We are well placed to develop, benchmark, monitor and enhance risk management practices as they relate to fraud, corruption and inappropriate behaviour.

Our team brings a depth of experience in a range of areas, including:

• risk assessment;
• benchmarking existing frameworks;
• developing and delivering training; and
• integrity due diligence.

Our Risk Experts

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Our Experience

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