I normally charge on an hourly rate basis.
I will not act on a success fee basis because to do so is fundamentally inconsistent with the obligation to provide impartial evidence.
I have acted as an expert witness in relation to a range of banking and finance issues, providing opinions on:
- The amount of finance likely to be available to settle contracts to purchase real estate.
- Whether lenders have met their obligations under the Banking Code of Practice.
- The amount of finance likely to be available to a party to construct a large processing facility, and the terms on which it would have been available.
- The alternatives available to a listed company in undertaking a balance sheet restructuring.
- The amount of finance likely to be available to a party to fund the acquisition of contract mining equipment.
- Lender dealings with loan drawdown notices.
- Whether Bank and non-Bank lenders complied with good lending practices.
- Whether a lender could sell a portfolio of distressed loans
There’s a fair range in those questions, and they are fact-specific, so my fee will depend on the specific questions that I am asked to consider, and the nature and extent of the evidence relevant to those questions.
By arrangement I will work on a fixed fee basis (i.e. set a “fee cap”) to prepare a report. To set a fee cap I will need the questions in final form, and access to the evidence, so that I can estimate the time required.