Settlement Valuation
A fixed-fee independent business valuation for negotiation and mediation
$2,995 + GST. A written, independent valuation of the business or ownership interest, prepared for private negotiations, mediation and property-settlement discussions. Generally seven business days after payment and receipt of all required information, subject to complexity.
Fee
$2,995 + GST
Fixed fee, payable in advance.
Turnaround
Generally seven business days
After payment and receipt of all required information, subject to complexity.
Who it is for
The Settlement Valuation is intended to assist with:
Private negotiations
Where the parties are working out a settlement between themselves, with or without lawyers, and need a figure for the business that both can understand and test.
Mediation
Where a mediator or family dispute resolution practitioner needs the business value settled before the rest of the pool can be discussed.
Property-settlement discussions
Where the parties or their solicitors are exchanging proposals and the business is the item that is holding things up.
Establishing the value of a business within the asset pool
Where one or both parties simply need to know what the business is worth before deciding how to proceed.
Solicitor and accountant review
Where an adviser wants an independent valuation to review alongside the accounts, or to check an expectation one party holds.
Assessing whether a more extensive expert report is required
Where it is not yet clear whether the matter will proceed to court. The Settlement Valuation settles the shape of the valuation question and may show that an expert report is, or is not, needed.
What it includes
The Settlement Valuation generally includes:
- Review of the business and ownership structure
- Analysis of financial statements and relevant management accounts
- Normalisation of business earnings
- Consideration of owner remuneration and private or non-recurring expenses
- Selection and explanation of the appropriate valuation methodology
- Consideration of business-specific risks
- Assessment of personal and transferable goodwill where relevant
- Calculation of enterprise value and equity value
- Valuation of the relevant ownership interest
- Written independent valuation report
- A draft for factual review before finalisation
The report values the business or ownership interest instructed, at the valuation date agreed in the engagement letter, from the documents provided. Where a document is missing, the report says so and explains how the gap was treated.
What it is not
The Settlement Valuation is prepared for negotiation and mediation purposes. It is not prepared for filing or reliance as expert evidence in court.
Not an expert report for court
It is not prepared under formal or joint instructions, does not address the expert-evidence requirements that apply in court proceedings and is not signed as an expert report. If your matter is before the Court, or your lawyer expects it will be, read about the Court Expert Valuation.
Not legal advice
The report explains what the business is worth and how that figure was reached. It does not advise on how the property pool should be divided, what you should accept or how your matter should be run. Those are questions for your lawyer.
Not a figure for one side
The valuation is reached independently of who instructs it. We do not prepare a higher figure for one party or a lower figure for the other, and the report is written so that the other party and their advisers can follow the reasoning.
Not a substitute for disclosure
The valuation relies on the documents provided. It does not replace the exchange of financial information between the parties, and it cannot verify what it has not seen.
Not a valuation of everything in the pool
It values the business or ownership interest instructed. Real property, superannuation, vehicles and personal assets are outside its scope.
The process
- 1
Enquire
Complete the confidential enquiry. We confirm that the Settlement Valuation is the appropriate scope for the matter, complete an initial conflict check and send an engagement letter setting out the fee, the interest to be valued and the valuation date.
- 2
Pay and provide the documents
On acceptance, the fee is paid and we send a document checklist. Provide the financial statements, tax returns, management accounts and ownership documents through the process we confirm at engagement. Business documents only: we do not need affidavits or personal evidence.
- 3
Analysis
We review the business and its structure, normalise the earnings, select and explain the valuation methodology, consider the business-specific risks and the sources of goodwill, and value the interest. Where a question arises, we ask you or, if authorised, your adviser.
- 4
Draft for factual review
You receive a draft so that errors of fact can be corrected before the report is finalised. The review is for facts only: a figure we have misread, an ownership percentage that is wrong, a document we were not given. The conclusion is not open to negotiation.
- 5
Final report
We issue the signed final report to you and, where you have authorised it, to your adviser.
Turnaround
Generally seven business days after payment and receipt of all required information, subject to complexity. The period runs from the later of payment and receipt of everything on the checklist. If documents arrive in stages, or raise questions that need answers, we tell you how the timing is affected rather than letting the date slip quietly.
If your matter later requires an expert report
The Settlement Valuation fee is not automatically credited against a Court Expert Valuation. Unnecessary duplication is avoided where appropriate, but the appointed expert must independently review the material, control the analysis and form their own opinion.
Two services, two purposes
A Settlement Valuation ($2,995 + GST, fixed fee) is prepared for negotiation, mediation and property-settlement discussions. A Court Expert Valuation (from $8,995 + GST) is prepared for matters that need an expert report for court. They are different tools for different situations, and the appropriate one depends on where your matter is and what the report will be used for.
For negotiation and mediation
Settlement Valuation
A fixed-fee independent business valuation for private negotiations, mediation and property-settlement discussions.
Fee
$2,995 + GST
Fixed fee, payable in advance.
- $2,995 + GST
- For negotiation and mediation
- Fixed scope
- Written independent report
- Generally completed within seven business days
- Not prepared as court evidence
For court proceedings
Court Expert Valuation
An independent expert report for matters where a valuation is intended for filing or reliance in court.
Fee
from $8,995 + GST
Final fee confirmed in writing after scope and conflict review, payable in advance.
- From $8,995 + GST
- For court proceedings
- Court-compliant expert report
- Subject to instructions and conflict review
- Signing valuer will be a Chartered Accountant
- Additional expert work charged separately
FAQs
Settlement Valuation questions
Can I use the Settlement Valuation in mediation?
Yes. That is one of the uses it is prepared for. The report gives the mediator and both parties a reasoned, independent figure for the business and shows how it was reached, so the discussion can move from what the business might be worth to how the pool should be divided. It is written to be read by the other party and their advisers as well as by you.
Can a Settlement Valuation be used in court?
No. The Settlement Valuation is prepared for negotiation and mediation purposes. It is not prepared for filing or reliance as expert evidence in court. It is not prepared under formal or joint instructions and does not address the expert-evidence requirements that apply in court proceedings. If your matter is before the Court, or your lawyer expects it will be, the Court Expert Valuation is the appropriate service. If your matter later requires an expert report for court, we will assess whether the initial work can be carried forward and provide a separate quotation before proceeding. The appointed expert must independently review the material and may require further information or analysis.
Can my former partner and I instruct it jointly?
Yes. A Settlement Valuation can be instructed by one party or by both. Where it is instructed jointly, both parties receive the same document checklist, the same draft for factual review and the same final report, and we correspond with both sides equally. A joint instruction often makes the report easier to use in negotiation because neither party chose the valuer alone.
What if the other party disputes the valuation?
The report is written so that it can be tested. Every adjustment, assumption and method is explained, and the sources are identified, so a disagreement can be narrowed to the specific point in dispute rather than the figure as a whole. If your matter later requires an expert report for court, we will assess whether the initial work can be carried forward and provide a separate quotation before proceeding. The appointed expert must independently review the material and may require further information or analysis.
What if I do not have all the documents?
Send what you have and tell us what is missing. Some gaps can be worked around, for example by using tax returns where financial statements were never prepared. Others cannot, and the report will say so and explain how the gap was treated. Where a document is held by the other party or the business's accountant, your lawyer can advise on how to obtain it. We do not start the seven business days until the checklist is complete.
Do you value the whole business or just my share?
Whichever the matter requires, and the engagement letter records which. Often both are needed: the value of the whole business, then the value of the particular interest held, which may differ because of the size of the holding, the rights attached to it and the structure through which it is held. The report explains the effect of the structure on the value of the interest.
Is the fee really fixed?
Yes, for the scope described on this page: one business or ownership interest, valued at one date, from orderly records. Where the enquiry shows something different, for example several related entities that each need to be valued, or records in a state that requires reconstruction, we say so at the scope stage and quote before starting. You will not receive a different figure after the work has begun.
Will you speak directly to my lawyer or accountant?
Yes, where you authorise it. Many clients prefer that we deal with their adviser on documents, dates and the interest being valued, and referring professionals usually want direct contact. 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.
Can I tell you what number I need?
You can tell us what you expect and why, and that context can be useful. It does not change the method or the conclusion. A valuation that is steered towards a preferred figure is of no use in a negotiation and of no use to a court, because the other side will test it. What you receive is a reasoned figure with the working shown.
Can I start with a Settlement Valuation and move to an expert report later?
If your matter later requires an expert report for court, we will assess whether the initial work can be carried forward and provide a separate quotation before proceeding. The appointed expert must independently review the material and may require further information or analysis. Unnecessary duplication is avoided where appropriate, but the Settlement Valuation fee is not automatically credited and the expert may need further information or analysis. Many matters settle on the Settlement Valuation alone. Where an expert report was always going to be required, starting there is usually the better path, and we will say so.
Settlement Valuation
Start a Settlement Valuation
$2,995 + GST, fixed fee. Generally seven business days after payment and receipt of all required information, subject to complexity.
The Settlement Valuation is prepared for negotiation and mediation purposes. It is not prepared for filing or reliance as expert evidence in court.
