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Flexible and bespoke bid conditions – protecting against material risks
In E&P Financial Group Limited [2021] ATP 1, the Takeovers Panel has confirmed that bidders have considerable latitude to craft and impose bid …
ASX updates its guidance on disclosure of earnings surprises and sales of significant assets
On 9 December 2020 ASX published an updated version of Guidance Note 8 in which it has clarified its position on earnings surprises and further …
M&A in 2021: Resilient, agile and coming off mute
Our 2021 M&A guide explores the key deal themes of the year as global transactions rebound in the pandemic's wake.2020 proved to be a year of two …
Top 10 Australian M&A predictions for 2021
We set out our top forecasts for Australian deal-making in 2021 and assess how our 2020 predictions fared.2021: consolidating the strong second half The …
Australian foreign investment reform legislation passed by Parliament
The Foreign Investment Reform (Protecting Australia’s National Security) Act 2020 (Reform Act) and the Foreign Acquisitions and Takeovers Fees Imposition …
A reminder on permissible fetters to ‘fiduciary out’ clauses
In the current Real Energy Corporation Ltd scheme, the parties agreed to execute a Deed of Variation to the Scheme Implementation Agreement to remove a …
Q1FY21 Public M&A Activity and the next stage for MACs
Public M&A activity is up in the first quarter of FY21, with software and services deals leading the way by number and gold deals by value. …
Competing bids on the increase
In the last 12 months or so, we have seen a significant increase in the number of competing takeover bids. While competing bids have always been a …
Australian Public M&A Report 2020
Our 12th annual Australian Public M&A report breaks down the key stats and market trends in big-ticket bids This edition examines the 51 …
Australian Public M&A in a COVID-19 world — gold shines, private equity stays active and green shoots emerge
A new report released by Herbert Smith Freehills shows that public M&A activity in Australia was significantly impacted by the COVID-19 pandemic …
Observations on ASIC’s latest Corporate Finance Update
ASIC’s latest corporate finance report comments on recent M&A activity, novel relief applications and areas of concern for ASIC. In brief …
Stub equity: ASIC confirms ban on proprietary company custodian structures but public company stub deals can proceed
ASIC has confirmed its ban on the use of Australian proprietary companies in stub equity deals, but has accepted the use of Australian public companies …
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