Weekly Blog #3

It is necessary for forensic accountants to be familiar with the Australian Court Hierarchy and understand the differences in Civil and Criminal Law. As forensic accountants often appear as expert witness during court trials it is imperative for them to understand the court system (Monarch Institute, 2022). Not knowing the differences in rules between the various hierarchies and jurisdictions of Australian courts can cause forensic accountants to make mistakes that would greatly impact their credibility. Ignorance of the law is no excuse. I have experienced this statement myself in high school when I had shared what I thought was an exemplar for our current assignment that I had received from a classmate. One student’s assignment returned with a high similarity report to the “exemplar” to justify an investigation and I was questioned about where I received the document and if had shared it. The document was the assignment of a student who had completed the subject last year and I served a detention.

Regarding the differences between Civil and Criminal, it is important for forensic accountants to know them especially with the Standard of Proof and what exactly is expected of forensic accountants. In Civil law cases the standard of proof is the “balance of probabilities” which is whether something “more likely than not” happened in a certain way whereas in Criminal law they must be proved beyond a reasonable doubt (FindLaw, 2020). In Civil proceedings, the role of forensic accountants relates to drawing inferences from accounting records and helping establish facts whereas in criminal proceedings the work is more investigative in nature and can involve the tracing of assets or flow of funds (Monarch Institute, 2022).

FindLaw. (2020). The Differences Between a Criminal Case and a Civil Case. FindLaw. https://www.findlaw.com/criminal/criminal-law-basics/the-differences-between-a-criminal-case-and-a-civil-case.html

Monarch Institute. (2022). What is a forensic accountant and what do they do?. Monarch Institute. https://www.monarch.edu.au/blog/what-is-a-forensic-accountant-and-what-do-they-do/

Useful Links

Link to YouTube on Hierarchy of the Courts: https://www.youtube.com/watch?v=BHCF23LI1Hk&ab_channel=Scopetraining

Link to YouTube on the Roles of Forensic Accountants: https://www.youtube.com/watch?v=UThPs0lie-I&ab_channel=UncoverFraud

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