11.1
Bachelor of Commerce
University of Western Australia
TONY SAMUEL
Sapere Forensic
Member of the Institute of Chartered
Accountants in Australia
Diploma in International Commercial
Arbitration
PROFESSIONAL HISTORY AND QUALIFICATIONS
Current
Position and
Summary
I am a Director of Sapere Research Group Ltd (formerly LECG Ltd) and leader of
its Forensic Accounting group in Australia. Between July 1998 and December 2005
I was a partner at PricewaterhouseCoopers (PwC), firstly in its Forensic Services
practice in London and then with its Dispute Analysis & Investigations practice in
Sydney. Between January 2006 and March 2008, I led the Forensic Service
practice in Asia Pacific for CRA International Limited. I am currently treasurer of
ACICA and PILCH.
Educational
history and
professional
qualifications
2006
1998 – 2004
1998
1991 – 1994
1987
1986
1981 – 1983
Professional
history
Jan 2006 –March 2008
Oct 2004 –
Dec 2005
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Jul 1998 –
Aug 2004
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Diploma in International Commercial Arbitration
(Chartered Institute of Arbitrators)
Affiliate Member of Institute of Chartered Accountants in
England & Wales
Issued Certificate of Public Practice by Institute of Chartered
Accountants in Australia (ICAA)
Associate Member of Hong Kong Society of Accountants
Admitted as Member of ICAA
Professional Year ICAA
Bachelor of Commerce, University of Western Australia
Vice President CRA International Australia, Leader Forensic
Services Asia Pacific
Partner, PwC Australia, Dispute Analysis & Investigations
Expert witness services in commercial disputes
Expert witness services in IP disputes
Accounting based investigations
Partner, PwC UK, Forensic Services
Expert witness services in commercial disputes, focus on
telecommunications sector
TONY SAMUEL
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Oct 1994 –
June 1998
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Jul 1994 –
Sep 1994
Apr 1991 –
June 1994
Aug 1990 –
April 1991
Mar 1989 –
Jun 1990
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Aug 1987 –
March 1989 
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Jan 1984 –
July 1987
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Leader Intellectual Property & Licence Disputes team,
providing expert witness services in IP disputes, advising
companies on the pro-active management of IP assets,
valuing IP and launching a European licence compliance
team
Senior Manager, Price Waterhouse (PW) London, Forensic
Services
Commercial disputes
IP disputes & valuations
Intellectual Asset Management
Licensing Management
Senior Manager, PW Hong Kong, Corporate Finance &
Recovery
Assistant Manager, and then Manager, PW Hong Kong
Receiverships and liquidations
Share and business valuations
IP valuations
Commercial and family disputes
Due diligence on acquisitions
PW Perth
Receiverships and liquidations
Lex Services plc
Financial accountant and then acting Group Accountant
Consolidation of subsidiary company results
Preparation of forecasts and plans
Ad hoc accounting investigations for Finance Director
PW London
Audits: financial services, manufacturing, technology sector
Due diligence on acquisitions: manufacturing, defence,
publishing
PW Perth
Audits: financial services, manufacturing, farming, retail
COMMERCIAL DISPUTES EXPERIENCE EXAMPLES
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Independent expert reports and testimony as to the reliability of financial records provided by a taxpayer
(Administrative Appeals Tribunal)
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Independent expert reports and testimony as to whether the financial statements of a
telecommunications reseller were misleading (Supreme Court of NSW)
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Independent expert reports and testimony as to the loss of earning capacity arising from an alleged
conspiracy to exclude an individual from the demolition sector in Sydney (Supreme Court of NSW)
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Independent expert reports and testimony as to the losses arising from early termination of an exclusive
distribution agreement (ICC Arbitration)
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Independent expert reports and testimony as to the accounting for and valuation of inventory in the
mining sector (Federal Court of Australia)
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TONY SAMUEL
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Independent expert reports and testimony in relation to the accounting for employee obligations within a
complex group structure (Federal Court of Australia)
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Independent expert reports and testimony in relation to a claim for damages arising from the breach of
a deed in the restaurant sector (High Court, Kuala Lumpur)
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Independent expert reports and testimony as to the loss of profit for a cafe arising from construction
works at a shopping centre (Administrative Appeals Tribunal)
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Independent expert reports, joint experts’ report and testimony in relation to a claim for damages from
loss of secondary support services in the mining sector (Supreme Court of NSW)
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Independent expert reports and testimony in relation to a claim for damages arising from the alleged
failure of a machine in the agricultural sector (Federal Court of Australia)
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Independent expert reports and testimony in relation to claim for damages arising from the breach of a
deed in the restaurant sector (High Court of Singapore)
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Independent expert reports and testimony in relation to claim for loss of profit and loss of opportunity
arising from the alleged failure of a machine in the medical waste disposal sector (Arbitration in Victoria)
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Independent expert reports and testimony in relation to the alleged diversion of US$1.5 billion of vendor
financing. This matter combined review of accounting evidence with the tracing of cash through several
offshore entities (RICO action in the Southern District of New York)
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Independent expert reports and testimony in Switzerland in relation to the amount payable for early
termination of a Build Operate Transfer contract in the mobile telecommunications sector. Claims and
counterclaims both exceeded US$1 billion (UNCITRAL arbitration)
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Independent expert report and testimony in Switzerland in relation to the reasons concerning a
company’s inability to pay debts that had fallen due (ICC arbitration)
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Independent expert reports and testimony in Switzerland as to the loss of profits arising from an alleged
breach of a beer supply agreement (ICC arbitration)
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Independent expert reports and testimony as to the loss of profits and adequacy of accounting records
of a café (Supreme Court of New South Wales)
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Independent expert reports and testimony concerning the cost implications of a change in legislation on
a commercial contract in the dry waste collection industry (arbitration in Queensland)
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Independent expert reports and testimony as to the value of goodwill in a fitness centre (District Court of
Gosford)
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Independent expert reports and testimony as to the loss of profits arising from the early termination of a
drilling contract (New Zealand arbitration)
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Independent expert report as to the amount payable as compensation arising from an Undertaking as to
Damages provided by a company in the pharmaceutical sector (ongoing)
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Independent expert report concerning the value of shares in an organic retail outlet following an
oppressed minority action
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Independent expert report and attendance at a mediation in connection with a claim for lost profits in the
manufacturing industry
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TONY SAMUEL
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Independent expert report addressing the loss of profits arising from breach of contract in the bio
pharmaceutical industry
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Independent expert report concerning the value of shares in a company providing local radio services in
accordance with pre-emptive acquisition rights in the shareholder agreement
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Independent expert reports concerning the interpretation of financial documents under instruction from
the Australian Federal Police
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Independent expert report in relation to a claim for damages under Hungerford principles and section 57
of the Insurance Contracts Act 1984
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Independent expert report in relation to a claim for loss of profit and loss of opportunity in the residential
construction industry (Supreme Court of New South Wales)
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Independent expert report in relation to a claim for losses alleged to arise from the issue of shares and
for loss of opportunity to raise equity (Supreme Court of South Australia)
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Independent expert report in relation to a claim for losses alleged to arise from the loss of opportunity to
raise equity (Supreme Court of New South Wales)
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Independent expert reports as to adequacy of financial records and the financial effect of certain
transactions in the residential construction industry (Supreme Court of New South Wales)
INTELLECTUAL PROPERTY DISPUTES EXPERIENCE EXAMPLES
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Independent expert reports and testimony as to the value of distribution rights in the pharmaceutical
sector (Federal Court of Australia)
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Independent expert reports and testimony as to the damages arising from patent infringement, including
reasonable royalty rates, in the medical devices sector (Federal Court of Australia)
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Independent expert reports, joint experts’ report and testimony as to the value of registered design
rights (Supreme Court of New South Wales)
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Independent expert report and testimony as to the reasonable royalty payable for copyright in sound
recordings by an in-house radio station/narrowcaster (UK Copyright Tribunal)
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Independent expert report and testimony as to the reasonable royalty payable for copyright in academic
texts by higher education institutions in the UK (UK Copyright Tribunal)
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Independent expert reports and testimony as to the lost profit, the reasonable royalty payable in the
alternative, and the financial condition of the claimant, arising from the infringement of design rights in
the retail sector (Chancery Division of the High Court in the UK)
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Independent expert reports in an Enquiry as to Damages concerning both lost profit and reasonable
royalty arising from the infringement of patents relating to the process and equipment for laying pipe
along the ocean bed (Chancery Division of the High Court in the UK)
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Independent expert report as to the damages arising from unauthorised acquisition of .co.uk domain
names (Federal Court of Australia)
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Independent expert reports and joint experts’ report as to the amount payable in an Account of Profit
arising from patent infringement
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TONY SAMUEL
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Independent expert report as to the methodology for determining damages in the event that (a) an
injunction was granted to restrain entry to the market of a generic pharmaceutical company, and the
patent was subsequently overturned at trial, and (b) the injunction was not granted and the patent was
found at trial to be good
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Preparation of a 120 page schedule to a Statement of Claim concerning the value attributable to
trademarks and copyright for a publishing business in connection with a claim for damages arising from
alleged auditor negligence
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Independent expert reports and attendance at mediation concerning the royalty payable for
infringement of patents in the UK and Japan concerning a more fuel efficient engine for motor vehicles
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Advice in connection with relevant documents and principles concerning Inquiry as to Damages and
Account of Profits in the pharmaceutical industry
POST-ACQUISITION DISPUTES AND EXPERT DETERMINATION EXPERIENCE EXAMPLES
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Expert determination as to the fees payable under certain licence agreements in the broadcast
transmission sector
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Expert determination as to matters in dispute in a Completion Balance Sheet in the financial services
sector
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Assisting the expert in the determination of the value of a large privately held group of companies
following an oppressed minority action
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Preparation of submissions to the expert on behalf of a mobile telecommunications company following
the acquisition of a chain of mobile phone retail stores
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Preparation of submissions in accordance with a Sale & Purchase Agreement as to the adjustments
required to the Completion Balance sheets, together with advice on subsequent drafting of counterclaims
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Advice as to the effect of the consideration formula in a Sale & Purchase Agreement
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Preparation of submissions for the purposes of mediation as to the value of a business acquired
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Preparation of expert witness report as to alleged breaches of financial warranties following an
acquisition in the manufacturing sector
SHARES, BUSINESS AND IP VALUATION EXPERIENCE EXAMPLES
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Numerous valuations of IP for the purposes of Initial Public Offering, tax, transfer pricing and acquisition
purposes
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Numerous valuations of businesses for the purposes of acquisition or sale
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Valuation of patents in the medical supply sector for the purposes of proposed acquisition
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Valuation of patents in the motor vehicle engineering sector for the purposes of proposed sale/licensing
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Valuation of patents, knowhow, trademarks and copyright in the fire detection industry
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Adviser to the British Horseracing Board in connection with the proposed licensing of its database rights
to bookmakers and newspapers
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Adviser to the International Cricket Council in connection with its sale of media and sponsorship rights
to the World Cups in 2003 and 2007
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TONY SAMUEL
Adviser to the International Cricket Council in connection with its sale of media and sponsorship rights
to the World Cups in 2011 and 2015
CONTRACT COMPLIANCE
In 1998 I launched Price Waterhouse’s European Licensing Management service, which focussed on the
confirmation of contract compliance, in particular compliance with royalty payment clauses in licence
agreements and compliance with financial terms in supply agreements. I have led contract compliance
assignments in numerous industries including manufacturing, luxury clothing brands, luxury retail, software,
swimwear, entertainment and pharmaceuticals. These assignments have been conducted in approximately
20 countries including the UK, USA, Canada, Australia, China, Hong Kong, Korea, Japan, Singapore, Israel
and Mexico.