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KWM’s Guide to Takeovers and Schemes in Australia

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Welcome to the 2023 edition of KWM’s Guide to Takeovers and Schemes in Australia

Building on our depth of capability and experience in this area this guide provides an introduction to the legal issues and practical processes involved in making or responding to an offer to acquire control, by way of scheme of arrangement or takeover, of a publicly-listed entity in Australia.

Guide overview

This guide covers key legal issues and considerations involved in making, or responding to, an offer to acquire control of a publicly-listed entity in Australia, including:

  • the general laws and regulatory bodies governing acquisitions of interests in listed entities;
  • the most common methods of acquiring control (takeover bids and schemes of arrangement) and their relative merits;
  • key factors and strategic considerations relevant to planning an acquisition;
  • steps, documentation and timing involved in implementing an acquisition; and
  • key issues for entities anticipating (or responding to) an approach.

This guide also provides general commentary on the legal and practical issues involved in takeovers and schemes of arrangement in Australia. The information in this guide is current as at 1 January 2023.

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Takeovers & Schemes in Australia
We share our expert knowledge and insight into Australian M&A markets and provide commentary on issues that are relevant to undertaking successful transactions in a highly regulated and dynamic environment.

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7.15MB, 42 Pages

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What to watch for – Coming into 2023, macro-economic headwinds - inflation, rising interest rates, and unrest overseas – are still lingering from the previous year. Will we see a renewed surge of M&A activity, will the market remain as is, or will we return to pre-2021 deal activity (or worse)?  It’s anyone’s guess.  In our first edition for 2023 we share our insights on what to look out for in key areas including Private Capital, Health, and Energy.

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