Saturday 2 March 2019

Duncan Calder, ex KPMG, on Divorce – Beat bullying and lies

Are you worried about your spouse ripping you off in your divorce proceedings?
Duncan Calder, former KPMG senior partner and head of its W.A. forensic services and valuations business has seen how bullying, lies and high costs can sometimes result in unfair outcomes in divorce proceedings.
Have you considered – “Is my spouse bullying and lying to rip me off?”
DEALING WITH A BULLY
Calder, who runs the boutique forensic services and business valuations firm, Contour Capital, notes that bullying, lies and tight finances can sometimes intimidate one spouse so that he or she never uncovers the fair value of the family’s asset pool during the divorce proceedings.
If your spouse was the one with the power during the marriage, divorce isn’t going to change him/her into someone willing to give up their power. If anything, divorce will make them more relentless when it comes to retaining both financial and emotional power over you.
The more anxious you are to get it done, the more willing you will become to give your spouse anything and everything, just to get your divorce over with. There is something very sad in caving in to conclude a settlement quickly to find that in 12 months’ time, you resent the compromises you have made.
The difficulties created are worse if the ex is toxic or narcissistic.
Calder advises spouses facing bullying:
“Don’t be intimidated by your ex’s behavior. You will go into divorce settlement negotiations with your ex on the same footing. You both have the same rights.” 
Don’t allow yourself to buy into threats about “taking the children” or, “leaving you destitute.” An angry ex likes to intimidate by threats. Don’t reply to threats! Take them to your attorney and let him/her deal with your ex.
You can’t control your spouse. Even if you were able to control your spouse during your marriage, once you start down the road of divorce you can kiss any thoughts of control good-bye.
If your spouse is telling you that you are never going to get a dime in the divorce, or that you are a home-wrecker and your kids are going to hate you forever, or any one of the thousand other horrible things that angry spouses yell at each other when they are hurt – don’t listen! Hang up the phone. Leave the room. This is not productive conversation
DEALING WITH A SPOUSE WHO LIES IN COURT AND IN COURT AND MEDIATION DOCUMENTS
When you are dealing with a spouse who is willing to lie to attorneys and the court, protecting your rights can be difficult without an attorney and you can, unintentionally, make yourself look vindictive. Hiring a lawyer can help you understand the best way to present your evidence, protect your rights, and ensure that your spouse does not get a divorce settlement based on lies or misrepresentations.
There are no solutions for personal disagreements in a law court or in a lawyer’s office.
The discovery process is a good way to get financial information from an uncooperative spouse because the court has the power to compel compliance. For example, if your spouse fails to produce documents, you can ask a judge to order your spouse to do so. If your spouse disobeys the order, a court may punish your spouse by imposing a “sanction,” which can include monetary fines or even a judgment against your spouse on a particular issue
A business-owning spouse may be so inclined to protect his or her own financial interests that he or she may commit fraud. A business owner going through a divorce may attempt to conceal or transfer assets, understate revenue, or overstate expenses. If you or a client suspects such behavior, you may also require the assistance of a forensic accountant
Making the disclosure that your former spouse engaged in tax fraud can theoretically open the door to the depletion of marital assets. Furthermore, the disclosing spouse may implicate him or herself in the alleged tax crimes.
COSTS OF THE PROCESS ARE INEVITABLE – BUT CAN BE MANAGED
Lawyers charge by the hour. The court system is notoriously slow. These two factors can create significant costs. Divorce is going to take longer and cost more than you ever imagined. It is going to be more emotional and more difficult than you want. If you know that from the start, and you don’t expect it to be fast or cheap, you will be way ahead of the game.
Even if your spouse has been kind, considerate and respectful, don’t assume that those character traits will carry through to the divorce process. If you want to come away from your divorce with an equitable settlement you need to anticipate how your spouse will choose to “defend” his/her position during the process. And, whether or not the process will mean a drastic change in personality traits. Just because your spouse was not aggressive during the marriage doesn’t mean they won’t be during divorce.
SOCIAL MEDIA
Calder provides a final warning on the dangers of social media during a divorce: with the ubiquitous nature of social media such as Facebook and Twitter, it is also important to remain professional online. If possible, keep all the details of your divorce and separation agreement off the Internet. If you do make any posts referencing your divorce or soon-to-be ex-spouse, avoid venting, ranting, or namecalling. These posts can easily reach your spouse or his or her attorney and be used against you in court.
Duncan Calder, based in Australia, sees that the role of forensic specialists, like Contour Capital, is to uncover the truth and endure that the Court is aware of the true financial position of parties to divorce proceedings.
Media Contact
Company Name: Contour Capital
Contact Person: Duncan Calder
Email: Send Email
Phone: 61 439 299 817
Country: Australia
Website: http://contourcapital.com.au/

Friday 2 November 2018

Duncan Calder on Divorce – Finding hidden assets

Posted: Nov 01, 2018 10:32 PM IST, Source Link: http://www.khq.com

Are you worried about your spouse ripping you off in your divorce proceedings?

Duncan Calder, former KPMG senior partner and head of its W.A. forensic services and business valuations practices advises you of the signs that you need to look for that your spouse may be hiding assets from you during your divorce.

Have you considered – “Is my spouse hiding assets from me?”

Hiding assets during a divorce is both sneaky and unethical – but, sadly, it happens much more frequently than most people expect. Concealing money, property, and liabilities is illegal, but that doesn’t always act as a deterrent.

If you have always left money matters to your spouse and are now either considering divorce or in the middle of one, financial infidelity can affect what assets you receive and how much you are awarded in alimony and child support.

Calder, who runs the boutique forensic services and business valuations firm, Contour Capital, argues that the following are some of the typical ways that your spouse could potentially hide money and assets from you.

• Skimming cash from the business. This is especially prevalent wherever cash transactions can happen.

• Underreporting income on tax returns and/or financial statements. If it’s not reported, it can’t be used in a financial analysis.

• Delaying signing business contracts until after the divorce in order to lower the value of the business during the valuation process and also to present the business as being in a vulnerable or declining financial position for the purpose of reducing spousal maintenance or child support.

• Overpaying creditors including the taxman. He/ she can get the refund later, after the divorce is final.

• Creating phony debt or transferring assets. Your spouse can collude with family members and/or friends to establish fake loans or expenses knowing that all the money will be returned after the divorce is final.

• Paying money from the business to a trusted third party such as the spouse’s father, mother, girlfriend, boyfriend or close associate.

• Deferring income entitlements such as bonuses and payments from debtors until after the divorce settlement is negotiated.

The likelihood of uncovering these various schemes increases dramatically IF you use of a skilled forensic accountant (such as Contour Capital) with substantial experience in business valuation and accounting.

Once a forensic accountant analyses a couple’s marital living expenses and connects those expenses to all known sources of income, assets and loans, he can see if there is a mismatch. If the amount of living expenses exceeds the amounts of known income, assets and loans, a giant red flag appears! Discrepancies like this are one telltale sign of concealed income and/or assets.

Remember – At one point in time, your spouse was not scamming; the marriage was good. Finding that benchmark point in time is one way a forensic accountant will figure out ways to “triangulate” what is truth and what is deception.

Calder, who has spent more than two decades helping people work through complex family court matter provides advice on how to uncover your spouse’s ruses to rip you off.

How can hidden assets, hidden sources of income or understated income come to light during divorce proceedings?

Forensic accountants are routinely engaged in divorces to look for these things such as unreported income and under the table cash. How are they going to find that?

• Looking at cash flowing out of business accounts or into private accounts

• A good forensic accountant is going to be analysing all sources of business income and look for examples of increasing the expenses or cash outflows of the business during the post separation and divorce period to decrease business profitability in an attempt to minimise the marital settlement. The ATO is also likely to look at these areas of misreported or underreported income. They are going to ask about cash transactions, cash on deposit, asset and share transfers (with and without consideration).

• If the Forensic Accountant asks questions in a court context or pursuant to an ATO investigation, the spouse may be forced to commit perjury in order to conceal the actions taken to artificially (and temporarily) reduce or shift the value of a business.

Duncan Calder, based in Australia, sees that the role of forensic specialists, like Contour Capital, is to uncover the truth and endure that the Court is aware of the true financial position of parties to divorce proceedings.


Media Contact

Company Name: Contour Capital
Contact Person: Duncan Calder
Email: Send Email
Phone: 61 439 299 817
Country: Australia
Website: http://contourcapital.com.au/

You may also visit here:
http://www.nbcrightnow.com/
http://www.abnewswire.com/
http://www.cbs8.com/
http://www.hometownstations.com/
http://www.khq.com/

Thursday 18 October 2018

Duncan Calder, China Specialist, Argues that Lithium, Cobalt and Graphite Have a Bright Future

Dated: Oct 17, 2018 11:02 PM IST http://www.nbcrightnow.com

The recent disappointing IPO of Ganfeng Lithium which fell 20 per cent on its first day of trade on the Hong Kong Exchange has had some commentators arguing that the future is looking dim for those seeking to develop lithium, cobalt and graphite projects to meet the supply demands of the burgeoning Electronic Vehicle (EV) market.  They argue that this disappointing float may bode ill for rival companies also seeking to float – such as Tianqi Lithium.
Duncan Calder, ex-KPMG Senior Partner and Managing Director of Contour Capital argues that this view misses the point.
Duncan Calder China Specialist
Duncan Calder China Specialist
Share markets are always volatile: currently particularly so. US : China trade war rumblings and US midterms uncertainty are right now helping to fuel this volatility. Naturally, that can affect timing and short term prospects for listings of resource companies. But, we must not forget, in the end fundamentals always prevail. Always,” says Calder.
The fundamentals for companies like Tianqi Lithium are strong.  The story for commodities exposed to the EV / Lithium Ion battery market – be that traditional large commodity markets like Nickel – or smaller commodity markets like Lithium, Cobalt and Graphite remains unquestionably bright in the long term.  Investors should not baulk just because of some short term market activity that appears to be of concern. EV sales are certainly surging in China, but that hasn’t yet translated into the expected uplift in lithium prices as new supply sources hit the market. We must not forget though that the longer term outlook is much brighter as Beijing policy makers actively promote EVs to combat air pollution.  China’s commitment to cleaner air has been sustained and unwavering.
Of course when the outlook for EV production is so incredibly positive, there is a rush to start up new mines for these commodities and of course some projects will succeed but many, sadly, will not.
The key, Duncan Calder argues, as always, will be the size of resource being developed, projected production costs (with low quartile the most sought after), logistic obstacles (such as rail and port access), sovereign risk, willingness to cede control of the project and the ability of management to sell the story to investors.
Independent advisers such as Contour Capital that specialise in assisting companies to secure development finance, in particular from the world’s biggest market – the hungry dragon that is China – remain confident that well managed, quality projects will find funding and a pathway to market.
The facts are clear – EVs are coming and they need more nickel, lithium, cobalt and graphite.  The world especially needs more Lithium Cobalt and Graphite – it is just a question of which resources companies will best respond to the demand challenge.
Calder, based in the massive resource-rich province of Western Australia, sees his role is to help Australia and Australian resources companies developing projects both within Australia as well as in Eastern Africa to play a larger role seizing this opportunity and not to be sidelined.
Media Contact
Company Name: Contour Capital
Contact Person: Duncan Calder
Email: Send Email
Phone: 61 439 299 817
Country: Australia
Website: http://contourcapital.com.au/

Wednesday 17 October 2018

How to Avoid Getting Ripped off in a Divorce

DEALING WITH ATTEMPTS TO HIDE VALUE

Could your spouse be hiding assets? Hiding assets during a divorce is sneaky and unethical – but it happens much more frequently than most people expect. Concealing money, property, and liabilities is illegal, but that doesn’t always act as a deterrent.

If you have always left money matters to your spouse and are now either considering divorce or in the middle of one, financial infidelity can affect what assets you receive and how much you are awarded in alimony and child support.

Here are some ways that your spouse could potentially hide money and assets from you.

 Skimming cash from the business. This is especially prevalent wherever cash transactions can happen.

 Underreporting income on tax returns and/or financial statements. If it’s not reported, it can’t be used in a financial analysis.

 Delaying signing business contracts until after the divorce in order to lower the value of the business during the valuation process and also to present the business as being in a vulnerable or declining financial position for the purpose of reducing spousal maintenance or child support.

 Overpaying creditors including the taxman. He/ she can get the refund later, after the divorce is final.

 Creating phony debt or transferring assets. Your spouse can collude with family members and/or friends to establish fake loans or expenses knowing that all the money will be returned after the divorce is final.

 Paying money from the business to a trusted third party such as the spouse’s father, mother, girlfriend, boyfriend or close associate.

 Deferring income entitlements such as bonuses and payments from debtors until after the divorce settlement is negotiated.

The likelihood of uncovering these various schemes increases dramatically

IF you use of a skilled forensic accountant with substantial experience in business valuation and accounting.

Once the forensic accountant analyses a couple’s marital living expenses and connects those expenses to all known sources of income, assets and loans, he can see if there is a mismatch. If the amount of living expenses exceeds the amounts of known income, assets and loans, a giant red flag appears! Discrepancies like this are one telltale sign of concealed income and/or assets.

Remember - At one point in time, your spouse was not scamming; the marriage was good. Finding that benchmark point in time is one way a forensic accountant will figure out ways to “triangulate” what is truth and what is deception.

VALUATION ISSUES

The most significant asset in a marital estate is often the family business. A fair resolution hinges on its accurate valuation. That can be achieved by working with an experienced valuation expert who understands how courts handle challenging divorce issues and the application of established, appropriate valuation practices.

The problem of different knowledge levels – One spouse may often have had little to do with the business, will often either have a grossly inflated idea of its value, or massively undervalue it. Due to their lack of involvement, they realistically do not know what the business is truly worth.

Some may attempt to assess the value of a business based purely on the evidence of ongoing contracts, and while it can be tempting to say “there is no good will” in the absence of these contracts, this often is not the case. This is why an expert valuation is required to assess the true value of the business.

Businesses can also be used to hide money. If one of the parties retains the business it can become tricky because they can potentially manipulate their income, sometimes through increased expenses, to dramatically reduce child support payment obligations.

Even if a business may not be valuable to sell, it can still be a valuable asset because it is likely to deliver an income.

Business valuations are usually contentious during a divorce. The person who wants to keep the company puts a low value on it to minimize the cost to buy out the other spouse’s interest. The person who is not keeping the business wants a high value to maximize the amount of buyout received. Spouses rarely agree on the value of a business.

Courts are aware that the profit and loss statements are usually less than accurate in a small business because of things like personal expenses masquerading as business expenses, discretionary expenses, and business perks. The divorce court will consider the amount of money the couple or family took out of the business as income, as well as personal expenses, perks, and other items. Sometimes it is worth more to the spouse who does not get the business to adjust the value of the business a little lower in exchange for bumping up the income of the other spouse to increase the alimony. The difference in alimony can more than offset a lower business interest buyout.

There can sometimes be legitimate reasons for the reduction in performance (and hence value) of a business.

The emotional and financial burden created by divorce can impact an owner's ability to manage the business and adversely affect productivity, profitability, and employee morale.. FIGHT, NEGOTIATE OR JUST CONCEDE?

Collaborative divorce tackles divorce outside of the courts so that agreements can be reached around a conference table and thus be resolved with more dignity and respect. By the end of the divorce trial, spouses can become enemies - Litigation makes people be mean to each other.

People are raiding their retirement accounts just to pay for divorces; Going to court can be more expensive, more time intensive and corrosive for children.

IGNORANCE IS NOT A VIRTUE

If you have ever been concerned with marital finances before, now is the time to get involved. Don’t accept the financial disclosures of your future ex at face value: search the records for joint holdings and if necessary get advice from a financial advisor and your attorney. It’s critical that you have an experienced divorce attorney on your team to help you spot and resolve any attempts by your spouse to conceal money in order to gain a better settlement.

COSTS OF THE PROCESS ARE INEVITABLE – BUT CAN BE MANAGED

Lawyers charge by the hour. The court system is notoriously slow. These two factors can create significant costs.

Divorce is going to take longer and cost more than you ever imagined. It is going to be more emotional and more difficult than you want. If you know that from the start, and you don’t expect it to be fast or cheap, you will be way ahead of the game.

The burden of proof is often on the spouse with less financial resources (typically the it smart. They must become knowledgeable and keep their eyes wide open. And ideally, they must be financially aware and involved from the onset of their marriage.

Even if your spouse has been kind, considerate and respectful, don’t assume that those character traits will carry through to the divorce process. If you want to come away from your divorce with an equitable settlement you need to anticipate how your spouse will choose to “defend” his/her position during the process. And, whether or not the process will mean a drastic change in personality traits. Just because your spouse was not aggressive during the marriage doesn’t mean they won’t be during divorce.

BULLYING

If your spouse was the one with the power during the marriage, divorce isn’t going to change him/her into someone willing to give up their power. If anything, divorce will make them more relentless when it comes to retaining both financial and emotional power over you.

The more anxious you are to get it done, the more willing you will become to give your spouse anything and everything, just to get your divorce over with. There is something very sad in caving in to conclude a settlement quickly to find that in 12 months’ time, you resent the compromises you have made.

The difficulties created are worse if the ex is toxic or narcissistic.

Don't be intimidated by your ex's behavior. You will go into divorce settlement negotiations with your ex on the same footing. You both have the same rights. Don't allow yourself to buy into threats about "taking the children" or, "leaving you destitute." An angry ex likes to intimidate by threats. Don't reply to threats! Take them to your attorney and let him/her deal with your ex.

You can’t control your spouse. Even if you were able to control your spouse during your marriage, once you start down the road of divorce you can kiss any thoughts of control good-bye.

If your spouse is telling you that you are never going to get a dime in the divorce, or that you are a home-wrecker and your kids are going to hate you forever, or any one of the thousand other horrible things that angry spouses yell at each other when they are hurt – don’t listen! Hang up the phone. Leave the room. This is not productive conversation

GENERAL ISSUES

With the ubiquitous nature of social media such as Facebook and Twitter, it is also important to remain professional online. If possible, keep all the details of your divorce and separation agreement off the Internet. If you do make any posts referencing your divorce or soon-to-be ex-spouse, avoid venting, ranting, or name-calling. These posts can easily reach your spouse or his or her attorney and be used against you in co

UNCOVERING YOUR SPOUSE’S RUSES TO RIP YOU OFF

How can hidden assets, hidden sources of income or understated income come to light during divorce proceedings?

 Forensic accountants are routinely engaged in divorces to look for these things such as unreported income and under the table cash. How are they going to find that?

o Looking at cash flowing out of business accounts or into private accounts

o A good forensic accountant is going to be analysing all sources of business income and look for examples of increasing the expenses or cash outflows of the business during the post separation and divorce period to decrease business profitability in an attempt to minimise the marital settlement. The ATO is also likely to look at these areas of misreported or underreported income. They are going to ask about cash transactions, cash on deposit, asset and share transfers (with and without consideration).

o If the Forensic Accountant asks questions in a court context or pursuant to an ATO investigation, the spouse may be forced to commit perjury in order to conceal the actions taken to artificially (and temporarily) reduce or shift the value of a business

DEALING WITH A SPOUSE WILLING TO TELL LIES IN COURT AND IN COURT AND MEDIATION DOCUMENTS

When you are dealing with a spouse who is willing to lie to attorneys and the court, protecting your rights can be difficult without an attorney and you can, unintentionally, make yourself look vindictive. Hiring a lawyer can help you understand the best way to present your evidence, protect your rights, and ensure that your spouse does not get a divorce settlement based on lies or misrepresentations.

There are no solutions for personal disagreements in a law court or in a lawyer’s office.

The discovery process is a good way to get financial information from an uncooperative spouse because the court has the power to compel compliance. For example, if your spouse fails to produce documents, you can ask a judge to order your spouse to do so. If your spouse disobeys the order, a court may punish your spouse by imposing a “sanction,” which can include monetary fines or even a judgment against your spouse on a particular issue.

A business-owning spouse may be so inclined to protect his or her own financial interests that he or she may commit fraud. A business owner going through a divorce may attempt to conceal or transfer assets, understate revenue, or overstate expenses. If you or a client suspects such behavior, you may also require the assistance of a forensic accountant.

Making the disclosure that your former spouse engaged in tax fraud can theoretically open the door to the depletion of marital assets. Furthermore, the disclosing spouse may implicate him or herself in the alleged tax crimes.

Thursday 27 September 2018

China Transactional Services and Deals of Duncan Calder

Duncan Calder Transactional services and deals with China:

Duncan founded and led KPMG Australia’s National China Business Practice in 2002 and was a highly visible and approachable leader of the Australia China Business Council as National President (2013–2014) and Western Australian State President (2007–2013).


Duncan Calder China: Transactional services and deals with China
 
Duncan spearheaded the organisation as a respected leader and commentator in international business, championing it to a position as the peak national body across Australia promoting Sino-Australian trade and investment and delivering sweeping change in reputation and political influence, whilst achieving over 800% growth in Western Australia.

He was appointed as a Cultural Ambassador for China and received a “Friendship Award” from the Chinese Government for promoting Sino-Australian relationships to build deep relationships with generations of Chinese business and government leaders over many years.



Duncan Calder of Contour Capital, Perth Australia

About Duncan Calder of Contour Capital, Perth in Australia

Duncan Calder is a qualified Chartered Accountant who has extensive financial and commercial experience in providing valuations, forensic and transactional services to clients.

Duncan Calder Contour Capital


He was a partner with KPMG Australia between 1997 and 2014, leading its Western Australian corporate finance, forensic services and energy and natural resources practices for over a decade.

Duncan was a member of the Chamber of Minerals & Energy WA’s Infrastructure & Economics Committee (2008–2014) and was the Chair of the Forensic Accountants Special Interest Group WA at the Institute of Chartered Accountants in Australia (2011–2014).



Thursday 20 September 2018

Duncan Calder of Perth Australia, KPMG and China Business

                                                                 DUNCAN CALDER

Duncan Calder is Managing Director of Contour Capital in Perth. Duncan Calder was a partner with KPMG Australia between 1997 and 2014. Duncan founded and led KPMG Australia’s National China Business Practice in 2002.
Duncan Calder of Perth Australia, KPMG and China Business
 

After studying accountancy at Lancashire University and qualifying as a Chartered Accountant in England, Duncan transferred to Perth in 1987. He worked with KPMG for 28 years, including 17 years as a partner. He led KPMG's Corporate Finance and Forensic Accounting teams in Perth as well as being the Founding National Chairman of KPMG's China Business Practice.

Duncan is a nationally recognised specialist and commentator on Sino Australian business, having led the Australia China Business Council as National President (2013 – 2014) and Western Australian State President (2007 – 2013). He was Chair of the Advisory Committee of the Confucius Institute W.A.

​Duncan has extensive experience in leadership positions with not-for-profit organisations including having been the Chair, Deputy Chair and Treasurer of Parkerville Children and Youth Care for over a decade as well as the State President of Amnesty International. He was a prominent member for two Olympics and 2 Commonwealth Games on the Fundraising Committee of the AOC.

Duncan provided strategic advice to the founders of Manna in 2016 and was appointed to the Board in June 2017, becoming Deputy Chair in January 2018.

He is married to Melanie and has two adult sons.

Email: duncan.calder@manna.org.au
Source: https://www.manna.org.au/board-bio