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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

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
In July 2026 an Expert Panel of the Fair Work Commission (the Expert Panel) determined that given the then drop in national diesel prices, and despite the obligations imposed on primary and secondary parties under the Road Transport Contractual Chain Order – Fuel Cost Recovery – 2026 (RTCCO) having already ceased as a result, the RTCCO itself would nonetheless live on.

22 October 2026

Insight
ASIC has announced its sector-specific supervisory priorities for 2026-27, signalling its focus areas, expectations of industry and the potential targets of future enforcement action.

21 October 2026

Insight
The duty to act with utmost good faith is a foundational principle of insurance in Australia. An insurer’s failure to comply with that duty is a contravention of s 13(2A) of the Insurance Contracts Act 1984 (Cth) (ICA) and can attract civil penalties.

21 October 2026