Called to Account
11 episodes - English - Latest episode: about 2 years ago -Paul Croft and Jacqueline Woods lead the Forensic Accounting team at BRI Ferrier, providing forensic accounting, expert witness and business valuation services. Going beyond the binary, Jacqui and Paul apply their forensic lens to topical issues to serve up practical insights and fresh perspectives on all things forensic accounting. Tackling issues including directors’ duties, insolvent trading, business interruption, shareholder oppression and post-acquisition disputes, they call to account the broader commercial and board room implications of matters that come across their desks.
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Episodes
Episode 11: Shareholder disputes (Part 2): Mitigating the risk of post-acquisition surprises
March 16, 2022 00:00 - 5 minutes - 4.63 MBPost-acquisition disputes often emerge at the time that completion accounts are prepared after an acquisition or where a buyer discovers new things about the business that weren’t disclosed during the due diligence process. Disputes may also arise over the computation of earn-out clauses and where there is an alleged breach of warranty or indemnity given in the Sale & Purchase Agreement. This podcast considers a number of the common causes of post-acquisition disputes and offers a f...
Episode 10: Shareholder disputes
November 16, 2021 00:00 - 6 minutes - 4.72 MBOne of the downsides of COVID-19 has been an uptick in shareholder acquisition disputes, with cash-strapped business owners seeking to exit businesses or look for ways to extract additional value by exploiting the shareholders agreement. This video looks at two of the more common causes of shareholder disputes and suggests some ways shareholders in private companies can reduce the risk and scope of costly disputes.
Episode 9: Expert evidence update: learnings from recent judgements
September 20, 2021 00:00 - 5 minutes - 3.75 MBThere have been a number of cases this year that turn the spotlight on expert evidence, including issues related to inherent bias, expertise and experience and, the weighting given to, and admissibility of, expert evidence. In this podcast, Paul Croft shares his insights from the findings in two recent cases into expert evidence
Episode 8: Enterprise value v Equity Value: explaining a commonly misunderstood business valuation concept
August 20, 2021 00:00 - 5 minutes - 4.05 MBWhen shareholders or partners go their separate ways, disputes often arise over the value of commonly held assets. One of the causes of valuation disputes between the parties arises because they hold different views of what is being valued, bought or sold. In this episode, Jacqueline Woods, BRI Ferrier's valuation expert, explains the differences between "enterprise value" and equity value", a concept that is commonly misunderstood in business valuation.
Episode 7: Dividends and "material prejudice"
August 07, 2021 00:00 - 10 minutes - 6.87 MBIn this podcast, Jacqui and Paul discuss a number of critical insights emerging from the dividend case in the Dick Smith litigation, in particular, the concept of "material prejudice" included in s254T(c) of the Corporations Act and the potential hurdle it creates to paying and declaring dividends. Highly relevant to directors - particularly CFOs - is the approach adopted by the Court to assess the "reliability" of information provided to boards, as well as, the extent to which tha...
Episode 6: Putting a value on privacy
June 07, 2021 00:00 - 20 minutes - 28.7 MBJacqui and Paul investigate our personally identifiable information might be valued in a litigation context. They provide some context as to the scale and cost of data breaches before presenting a framework and evaluating options for putting a value on our privacy in class actions involving data breaches, theft and/or misuse.
Episode 5: Directors and the Safe Harbour provisions
May 10, 2021 02:30 - 10 minutes - 19.1 MBIn this episode, Paul Croft is joined by Hannah Griffiths, Head of Restructuring and Insolvency at Gilchrist Connell, who shares some key insights about eligibility, evidentiary and other considerations pertinent to directors who may be looking on the Safe Harbour provisions. She also explains how the COVID-19 Safe Harbour provisions differ to the standard Safe Harbour provisions, and along the way, manages to smash a misplaced myth about Safe Harbour.
Episode 4: Quantifying business interruption losses from COVID-19: accounting issues to consider
April 26, 2021 02:28 - 12 minutes - 16.6 MBIn this episode , Jacqui and Paul give an overview of the status of COVID-19 related business interruption insurance claims, highlight how issues of causation and proximity may impact damage quantification, the possible ramifications of the recent UK Supreme Court judgment and muse on the additional information potential claimants may need to produce to support their loss claims.
Episode 3: Anti-phoenixing legislation: impacts for directors and other stakeholders
April 12, 2021 23:23 - 8 minutes - 6.09 MBIn this podcast, Paul Croft talks to Marc Rossi, Restructuring, Insolvency and Recoveries partner at Hicksons, about what the new anti-phoenixing legislation means for directors and other stakeholders, particularly if they are to avoid falling foul of the new legislation.
Episode 1: Preview
April 04, 2021 00:00 - 1 minute - 2.68 MBJacqui Woods and Paul Croft, Directors and partners-in-crime in BRI Ferrier's Forensic Accounting practice, have a new vlog series, "Called to Account". In each episode they'll share learnings from matters they've worked on, perspectives on emerging issues or just explain all things forensic accounting. As to who'll be Called to Account in each episode...well, you'll just have to watch to find out. Coming soon!
Episode 2: Insolvency through the lens of an unfolding crisis
April 04, 2021 00:00 - 12 minutes - 17.4 MBJacqui and Paul offer a fresh perspective on insolvency and a director's duty concerning insolvent trading, reflecting on insolvency in the context of an unfolding crisis. Paul also shares some relevant insights from his time investigating one aspect of the Dick Smith insolvent trading litigation