Publication,

KWM’s Guide to Takeovers and Schemes in Australia

AU | EN
Current site :    AU   |   EN
Australia
Singapore

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.

Download Publication
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.

Download

7.15MB, 42 Pages

M&A IN THE CITY

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.

Latest Thinking
Insight
The prevailing approach to construction contracting used to be relatively straightforward: developers wanted price certainty, and contractors provided it by agreeing to deliver for a fixed price.

08 October 2026

Insight
All financial institutions subject to the Common Reporting Standard (CRS) should now be implementing updated processes and systems to be ready to comply with CRS 2.0 from 1 January 2027.

08 October 2026

Insight
In many cases, closely-held corporations entail family or personal relationships, and the breakdown of these relationships can give rise to particular difficulties. The oppression remedy is commonly pleaded in the resolution of these disputes, particularly where shareholders are also involved in the management of the company.

06 October 2026