Family Law Valuation Co.

How it works

A considered process. A clear next step.

Four steps, the same for every matter. What changes between a settlement valuation and a court expert engagement is the scope, the instructions and the form of the report, not the care taken.

Each step in detail

Tell us about the matter

The enquiry form asks who you are, what the business is, how it is owned, what the valuation is for and where the matter stands: whether it is before the Court, whether a single expert has been agreed or ordered, and whether both parties are represented. It also asks for the other party's name and solicitor so that a conflict check can be completed before anything else is discussed. Submission does not create an engagement.

Confirm the appropriate scope

We review the enquiry, complete the conflict check and consider what the report will be used for. For most negotiations and mediations the Settlement Valuation is the appropriate scope, and we confirm the fixed fee, the interest to be valued and the valuation date in an engagement letter. Where the matter is before the Court, or an expert report is expected, we review the proposed instructions and confirm the scope of a Family Law Expert Valuation in an engagement letter. Where we are not the right fit, we say so.

Provide the information

Once the engagement is accepted we send a checklist tailored to the business and structure. Documents are provided through the process we confirm at engagement. Business documents only: financial statements, tax returns, management accounts and the documents that show who owns what. Where something on the checklist does not exist or cannot be obtained, tell us and we will explain what can be done without it.

Receive the valuation

The valuer reviews the structure, normalises the earnings, selects and explains the methodology, considers the risks specific to the business and the sources of its goodwill, and values the interest. Both fixed fees include a draft and one round of factual corrections before the signed final report is issued. For a Family Law Expert Valuation the report is delivered as the instructions direct.

What happens at the conflict and scope stage

The conflict check comes first, before we discuss the matter in any detail. We check the names of both parties, their solicitors, the business and its related entities against our records. If a conflict exists we tell you promptly and do not proceed. That is why the enquiry form asks for the other party's name and solicitor even when you are enquiring alone.

Scope review follows. We consider what the valuation will be used for, where the matter stands and how the business is structured. Three questions decide most of it: is the report for negotiation and mediation, or for court; is it one business or several related entities; and are the records in a state that allows the work to be done from documents. The answers determine whether the Settlement Valuation or the Family Law Expert Valuation applies, and whether anything falls outside the fixed fee and needs to be priced separately.

The outcome is a written engagement letter or quotation stating the scope, the fee, the interest to be valued, the valuation date and the expected delivery. Nothing is charged for and no analysis begins until you accept it.

Delivery

The final report is signed by the valuer who prepared it and issued to you and, where you have authorised it, to your adviser. For a joint instruction both parties receive the same report at the same time. For a Family Law Expert Valuation the report is delivered as the instructions direct, with the declaration of independence and supporting schedules, and reasonable written clarification following delivery is included.

If you first obtain a Settlement Valuation and later require a Family Law Expert Valuation, the full $2,495 + GST settlement fee will be credited when you upgrade within three months. You pay only the $2,000 + GST difference.

Prepare the records

What information is needed

Business documents only at the start. The checklist we send is tailored to the business, but it generally covers four groups:

Financial

  • Financial statements for recent financial years, usually the last three
  • Income tax returns for the business entity for the same years
  • Current-year management accounts or a recent profit and loss and balance sheet
  • Business activity statements where financial statements are not yet prepared
  • Details of loans, leases and hire purchase arrangements

Ownership and structure

  • Company constitution, ASIC company extract and any shareholder agreement
  • Trust deed and any variations, and the trustee's details
  • Partnership agreement
  • A diagram or description of any related entities and how they connect

Operational

  • Premises lease and key customer or supplier contracts
  • A list of staff and contractors with roles and pay
  • A description of the owner's role, hours and duties
  • Any franchise, licence or regulatory registration the business depends on

Related parties

  • Wages or payments to family members and what they do
  • Rent, management fees or loans between related entities
  • Private expenses run through the business

Please do not send these until we ask

To protect both parties, we do not accept highly sensitive personal material before the conflict check is complete and we have confirmed what is needed:

  • Affidavits and court documents
  • Personal correspondence between the parties
  • Medical, psychological or other personal evidence
  • Bank statements for personal accounts
  • Anything marked confidential or privileged by a lawyer

If one of these becomes relevant to the valuation, for example a court order that sets the valuation date, we will ask for it specifically.

The draft for factual review

Before a Settlement Valuation is finalised, you receive a draft. Its purpose is narrow and worth being clear about.

What the review is for

  • Correcting a figure we have misread or transposed
  • Correcting a wrong ownership percentage, entity name or date
  • Pointing out a document that was provided but not reflected
  • Clarifying a factual description of the business or the owner's role

What it is not for

  • Changing the valuation methodology
  • Reweighting the risks or the adjustments
  • Negotiating the conclusion or asking for a different figure
  • Adding assumptions that the documents do not support

Corrections of fact can change the figure, and if they do, the final report explains why. Requests that go beyond fact are declined, courteously and in writing. Where a report is prepared as expert evidence, the handling of drafts and clarification follows the instructions and the applicable expert-evidence requirements in that engagement.

Process questions

Process questions

How long does a family law business valuation take?

A Settlement Valuation draft report is targeted within 5 to 7 business days after payment and complete information. For a Family Law Expert Valuation, the delivery date is agreed with you before work begins, and it runs from payment and complete information. The time starts when the document checklist is complete, not when the enquiry is sent. The final report follows one round of factual corrections. Where a draft is not permitted under the instructions for an expert report, the final report is issued instead. Urgent turnaround is available as priced additional work.

What information do you need to start?

Business documents only at first: financial statements and tax returns for recent years, current management accounts, and the documents that show who owns what, such as a company extract, trust deed or partnership agreement. We send a checklist once the scope is confirmed. Please do not send affidavits, court documents, personal correspondence, medical records or other personal evidence until we have completed the conflict check and asked for them.

What is the draft for factual review?

Before a report is finalised you receive a draft so that errors of fact can be corrected: a figure we have misread, an ownership percentage that is wrong, a document we were not given. Both fixed fees include one round of factual corrections. The review is for facts only. The methodology, the weighting of risks and the conclusion are the valuer's and are not open to negotiation. Where a report is prepared as expert evidence, the handling of drafts and clarification follows the instructions and the applicable expert-evidence requirements.

Do you need to visit the business?

Usually not for a Settlement Valuation, which is prepared from the documents and, where needed, a call with the owner or an adviser. Some businesses are better understood in person, particularly where plant, stock or premises matter to the value, and we will say so during scope review. Meetings are available by appointment at our Double Bay office in Sydney.

Will you speak directly to my lawyer or accountant?

Yes, where you authorise it. We can deal directly with your adviser on documents, dates and the interest being valued, and with a referring professional where that is how the matter is being run. Tell us in the enquiry who we may speak to. Where a report is prepared as a single expert, communication follows the instructions and, in general, goes to both sides.

I do not know which service I need. What should I do?

Complete the confidential enquiry and choose "Not sure" for the service. Tell us whether the matter is before the Court, whether a single expert has been agreed or ordered, and what the valuation will be used for. We complete an initial conflict and scope assessment and tell you which service fits, or that a quotation is needed, before anything begins. Submission of the form does not create an engagement.

Can I start with a Settlement Valuation and move to an expert report later?

Yes. If you first obtain a Settlement Valuation and later require a Family Law Expert Valuation, the full $2,495 + GST settlement fee will be credited when you upgrade within three months. You pay only the $2,000 + GST difference. The expert report is a separate engagement, subject to the same conflict and suitability assessment as any other. The appointed expert independently reviews the material, may ask for further information and forms their own opinion. A matter that settles at negotiation or mediation needs nothing further. Where an expert report was always going to be required, starting there is usually the better path, and we will say so.

Start with a confidential enquiry

Tell us about the business and what the valuation is for. We confirm the scope before anything begins. Or call 0433 475 518 or request a call back. Phone hours are 8am to 6pm, Monday to Friday (Sydney time).

Submission of the enquiry form does not create an engagement.