FACTUAL INVESTIGATIONS
ILR Services can provide a comprehensive factual investigation. Our investigators will provide a comprehensive report. For example, this can include the following:
Witness statements establishing who, what, when, where, why and how.
Plans, maps and diagrams. For instance, audio and video recordings and still photography
Advice on evidence
Analysis and opinion
The staff at ILR Services are highly skilled and experienced in all evident and intelligence aspects including. For instance, this can include the following:
Production, collection, analysis, and dissemination of intelligence
Gathering, analysis, and presentation of evidence
Locating expert witnesses
Proofing witnesses
Giving written or oral evidence
Chain of custody of exhibits
Litigation & Audit Support
ILR Services can work in conjunction with lawyers engaged by our clients. Our team can support their operations.
The team is widely experienced and noted for our creative thinking. Firstly, we undertake the traditional tasks of litigation support. Secondly, we reach into areas such as witness locating services. Finally, we obtain the advice of expert witnesses if required. We can provide invaluable assistance regarding delicate matters. For instance, Mareva Injunctions and Anton Piller Orders.
In addition, ILR Services maintains an audit and forensic accounting function to support its clients. Fraud and corruption control are within our jurisdiction.
Pre-Trial Investigations
Mareva Injunctions and Anton Pillar Orders
The Anton Piller Orders are useful in matters involving computer software, counterfeit clothing, and other intellectual property matters. Recently, this has become increasingly apparent. This useful remedy is granted, without notice, to the person in trouble. The court orders the troublesome person to allow entry onto their business or residential premises. Therefore, searching and seizing evidence and contraband goods is possible.
A Mareva Injunction is a court order. This prevents a party, to current or anticipated litigation, from misusing their property or assets. In addition, they cannot move them out of jurisdiction. The intention of frustrating the enforcement of a subsequent judgement is absent.
Originally an English creation, both Anton Piller and Mareva are more recognisable. Subsequently, every common law jurisdiction worldwide uses these in court.
However, obtaining and executing such orders is dangerous. Errors in the method, by which they are obtained or executed, can lead to overturning of the orders. Damages and costs can be awarded to the wrong person. In addition, allegations of personal misconduct against solicitors.
Typically, solicitors and paralegals execute these orders. Their training and experience have little knowledge of how to carry out a thorough and orderly search. Moreover, defusing sometimes volatile situations.
ILR Services can offer your members a comprehensive service to assist you in obtaining and executing of such orders. This can help them avoid disastrous and unforeseen consequences.
Within our range of services we can:
Perform pre-application inquiries. For instance, static and mobile surveillance and undercover investigations
Liaise with your member's solicitors or recommend solicitors with relevant experience
Advise on evidence
Provide you with all relevant law and cases
Assist in the drafting of applications, testimony, and minutes of order
Provide an independent solicitor to serve the order and supervise its execution (see Federal Court Practice Note 10)
Carry out search and seizure under the order and properly record material seized
Store seized material to abide the further order of the Court
Report to the Court on the execution of the order and provide inventories
We can provide these services anywhere in Australia. Most importantly, at short notice.
The main purpose of the pre-trial investigation is to establish the strengths and weaknesses of our client's case. The strengths and weaknesses of the opposing parties case. ILR Services can assist in gathering and analysing evidence and proofing of witnesses our clients have.
When preliminary assessments of the case is complete, based on evidence our client has, ILR Services will make a suggestion to our client. Therefore, our client can formulate an appropriate case management strategy.
We made a realisation regarding the most important factor arising from pre-trial investigations. Once both sides of the case are analysed fully, investigative leads are identified. More importantly, effective strategies can be formulated and employed to maximise our clients ability to negotiate. Negotiation can include out-of-court settlement or trial.
Most of our cases are won before trial. ILR Services assists our client to maximise their chances of success. This happens before the matter goes to trial. In addition, we continue that support throughout the trial process.
Product Liability
Product liability states that a manufacturer must use due care and manufacture a reasonably safe product.
Liability may be considered absolute, where there is inherent danger in the product. This is based on negligence or negligence resulting in strict liability in law. Therefore, within these three areas, a product can have a specific defect or negligent design. In addition, production or packaging can also fail due to failure to guard, warn, or prevent foreseeable harm.
ILR Services can provide a comprehensive product liability investigation. Our investigators will provide a comprehensive report to you. For instance the report can cover, but is not limited to:
Product examination, description, and diagrams
Site examination. For instance, audio and video recordings and still photography
Timing and events surrounding product failure
Location and taking of witness statements establishing who, what, when, where, why and how
Identification of fraud indicators, if any
Establishing design negligence and contributory negligence
Advice on evidence
Analysis and opinion
Defamation Actions
ILR Services role, when dealing with potential defamation actions, is to:
Establish whether the statement was made
Validate the statement
Decide whether the statement involves malice
Calculate the making of the statement
Establish the validity of the damages sought
Regarding defamation or an accusation of defamation, we can establish the facts and circumstances surrounding the allegation.
In addition, ILR Services can assist in locating and proofing of witnesses to the defamation. This can include the taking of Statutory Declarations.
Probate & Will Investigations
At ILR Services, we can assist you in locating missing heirs and beneficiaries to a Will. In addition, we can conduct a full enquiry into all aspects of the Will. For instance, establishing the legitimacy of the testator's signature; locating and proofing witnesses to the Will; and establishing the testator's state of mind when executing the Will.
When a testator reads a Will, it does not necessarily mean that the testator understands or approves the contents. Justification surrounding the execution of a Will can be established. Subsequently, this can render a Will invalid.
Regarding the validity of a Will, ILR Services can establish two things:
The circumstances leading to the preparation of a Will
The circumstances surrounding its execution