Factual Investigations

ILR Services is able to provide a comprehensive factual investigation.

 

Our investigators will provide a comprehensive report to you covering:

 

  • Witness statements establishing who, what, when, where, why and how.

  • Plans, maps and diagrams

    • Audio and video recordings

    • Still photography

  • Advice on evidence

  • Analysis and opinion

 

The staff of ILR Services are highly skilled and experienced in all evidentiary and intelligence aspects including:

 

  • 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 and Audit Support

In conjunction with solicitors engaged by our clients, our team can support their operations.

 

Widely experienced and noted for our innovative thinking, we not only undertake the traditional tasks of litigation support, but reach into areas such as witness locating services and obtaining the advice of expert witnesses should they be required. We can provide invaluable assistance with such delicate matters as Mareva Injunctions and Anton Piller Orders.

 

ILR Services also maintains a audit and forensic accounting function to support its clients. Fraud and corruption control are matters that come within the parameters of these functions.

Pre-Trial Investigations

Mareva Injunctions and Anton Pillar Orders

The usefulness of Anton Piller Orders in matters involving computer software, counterfeit clothing and other intellectual property matters has become increasingly apparent in recent years. This extraordinary remedy is granted without notice to the person affected. The court orders that person to allow entry onto business or residential premises for the purpose of searching for and seizing evidence and contraband goods.

A Mareva Injunction is a court order which prevents a party to current or anticipated litigation from dissipating their property or assets or moving them out of the jurisdiction with the intention of frustrating the enforcement of a subsequent judgement.

Originally an English creation, both Anton Piller and Mareva are now recognised and made by the courts of virtually every common law jurisdiction worldwide.

However the obtaining and execution of such orders can be fraught with danger. Errors in the method by which they are obtained or executed can easily lead to the orders being overturned, damages and costs being awarded and allegations of personal misconduct against solicitors.

As Justice Branson said in J C Techforce Pty Ltd v. Pearce(Federal Court of Australia SG 98 of 1995) "the care with which Anton Piller orders are to be executed cannot, in my view, be over emphasised".

Typically these orders are executed by solicitors and paralegals who by their training and experience have little knowledge of how to carry out a thorough and orderly search while also defusing what are sometimes volatile situations.

ILR Services can offer your members a comprehensive service to assist you in the obtaining and execution of such orders and help them avoid disastrous and unwanted consequences.

Within our range of services we can:

  • Perform pre-application inquiries, including 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, affidavits 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 are able to provide these services anywhere in Australia and at short notice.

The main purpose of the pre-trial investigation is to establish not only the strengths and weaknesses of our client's case, but also the strengths and weaknesses of the opposing parties case. ILR Services can assist in the gathering and analysis of evidence and the proofing of witnesses our clients have to date.

 

Once our preliminary assessment of the case on the basis of evidence our client has to date is complete ILR Services will make a recommendation to our client to allow our client to formulate an appropriate case management strategy.

We have found that the most important factor arising from pre-trial investigations is that once both sides of the case are analysed fully investigative leads are identified, but more importantly effective strategies are able to be formulated and employed to maximise our clients ability to negotiate an out of court settlement or achieve success at trial.

We believe that the majority of cases are in effect won well before the matter goes to trial. ILR Services assists our client to maximise their chances of success well before the matter goes to trial and can also continue that support throughout the trial process.

Product Liability

Product liability governs the duty of a manufacture to use due care and manufacture a reasonably safe product.

Liability may be considered absolute, where there is inherent danger in the product, based on negligence or negligence as a result of strict liability in law. Within these three areas a product may be considered to have a specific defect, negligent design or its production or packaging involve a failure to guard, warn or prevent foreseeable harm.

ILR Services is able to provide a comprehensive product liability investigation. Our investigators will provide a comprehensive report to you covering, but not limited to:

  • Product examination, description and diagrams

  • Site examination

    • Audio and video recordings

    • 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

  • Prove or disprove the validity of the statement

  • Prove or disprove malice in the making of the statement

  • Prove or disprove calculation in the making of the statement

  • Establish the validity of the damages sought

 

If you are victim of a defamation or subject of an accusation of defamation we can assist you in establishing the facts and circumstances surrounding the allegation.

ILR Services is also able to assist in the location and proofing of witnesses to the defamation including the taking of Statutory Declarations.

 
 
 
 
 
 

Probate & Will Investigations

At ILR Services we believe that we can not only assist you in the locating of missing heirs and beneficiaries to a Will, but also in conducting a full enquiry into all aspects of the Will such as 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.

As we have previously found that just because a Will has been read by or to a testator, it does not necessarily mean that the testator understood or approved the contents. Extenuating circumstances surrounding the execution of a Will may be established which may render a Will invalid.

Where questions arise as to the validity of a Will ILR Services can assist to establish the circumstances leading to the preparation of a Will and the circumstances surrounding its execution.