Strategies for Resolving Business Disputes | RSM Business Protect Series

RSM’s new Corporate Advisory Hub at Port Macquarie on the Mid-North Coast of NSW is continuing to see an increase in enquiries from business owners that are looking to protect themselves in business.

This month’s “Business Protect” insight focusses on dispute resolution and the options available when negotiations stall or a particular issue finds itself in the “too hard basket”.

We have observed the rise in disputes, particularly in respect of business partnerships, family law, and succession issues since the onset of the COVID-19 pandemic and the recent surge in property and associated asset prices.

The various issues have seemingly led to a sudden urgency to deal with assets that are either jointly owned or contested.

Tim Gumbleton, Principal of RSM on the Mid North Coast of NSW is encouraging those experiencing corporate, business, or family succession disputes to look wherever possible for a “win-win” outcome rather than seeing the dispute extend and incur at times unnecessary further costs and the associated stress that comes with an unresolved dispute.

We have recently seen the rise of special referee reports in commercial disputes including construction and insolvency matters. A referee can deal with a question based on their technical expertise, which can at times reinvigorate negotiations and seek to reduce the cost and length of disputes and associated litigation.

Given our background and experience, we are well placed to step in and seek to resolve a dispute. We will seek to understand each side of the argument, identify the matters that have perhaps not been considered that are of value to each party, and bring a different perspective to the negotiations. This can be the difference to resolving the matter before litigation is either instigated or a matter is heard.

Our understanding of the court process and extensive commercial and financial expertise across industries sees us being engaged to provide both written and oral expert evidence in court and acting as court-appointed receivers and/or trustees for the sale and distribution of contested assets. We also undertake investigations and tracing exercises.

How we can help?

At RSM we are happy to assist the various parties (either jointly or separately) and their advisers to resolve disputes with a view to providing strategic advice and guidance, identifying alternative solutions, and negotiating outcomes.   

Our nationally recognised and interdisciplinary team of professionals have diverse backgrounds in commerce, finance, insolvency, valuation, tax, accounting, and audit.  

Our dispute resolution and associated services include:

• Special Referee and Expert Witness reports including solvency assessments
• Investigations including fraud and forensic accounting
• Court-appointed receiverships and real property trustee appointments incl Section 66G
• Negotiation in disputes between business partners, family law matters, succession matters, creditor claims, landlord/tenant etc.
• Farm debt mediation support
• Analysis and reconstruction of accounting and tax records including the net asset position
• Asset tracing exercises and claim/debt reconciliation
• Business valuations
• Liquidation, voluntary wind up/business exit, and bankruptcy matters including asset and debt recovery, the sale of contested property, and the equitable distribution of the proceeds

ABOUT TIM GUMBLETON

Tim Gumbleton with over 25 years of commercial experience and RSM Australia are the Mid North Coast’s business improvement, corporate turnaround, dispute resolution, insolvency, restructuring, asset protection, forensic accounting, liquidation, and bankruptcy specialists.

ABOUT RSM – OUR POINT OF DIFFERENCE:

RSM is a full-service national accounting, consulting, and advisory firm operating from over 30 offices throughout Regional and Metropolitan Australia.   

We are uniquely placed given our regional expertise, footprint, and extensive national coverage backed by international reach and scale.

RSM can help you and your business, no matter where you may be based.

For more information

For more information on resolving disputes, please contact Tim Gumbleton or your local RSM office.