Mergers & Acquisitions

Our team has significant domestic and cross-border experience in business transfer and consolidation transactions, and will deliver efficient and innovative legal advice relating to your business transactions, mergers, acquisitions, disposals and other business needs.

We do not try to apply a one-size-fits-all attitude to M&A transactions.  Rather, we can provide timely, accurate and competent advice which take into account size, risk appetite, timing and other circumstances.  We will work closely with tax and financial advisors to ensure all aspects of the transaction are managed smoothly.  We often project-manage transactions but we are equally happy to apply a light-touch approach where appropriate.

Recent Experience

We regularly advise companies on disposals and acquisitions by business or share sale, and on regulated merger activity.  Our work on M&A transactions tends to involve some aspects of structure planning, due diligence and risk assessment, documentation and negotiation.  We have recently acted on:

• the three-stage restructure of two large family-owned agricultural businesses which required interposing entities, establishment of multiple trust structures, numerous shareholder and unitholder arrangements between family members, a merger by share purchase and a capital equity injection by a Singaporean fund.
• the acquisition of businesses primarily by way of share purchase for the purposes of listing by reverse takeover, including resource businesses such as Western Australian gold resource company PVW Resources and medical cannabis distribution business Health House Holdings.
• the loan-to-own purchase by a secured creditor of a substantial software business which was recapitalised in a structure involving external investment and a reverse-vested management incentive scheme, ultimately followed by a successful internal restructure and disposal; and
• distressed sales, including in formal insolvency such as the disposal of the company’s assets to newly-incorporated Chinese group Cockatoo Island Mining Pty Ltd and the restructure and sale of the Lenton Brae Winery business.