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
Yesterday the Federal government released its long-awaited draft legislation to ban the use of post-employment non-compete clauses for workers earning below the “high income threshold” and non-poaching clauses for all employees, together with extending the existing cartel framework to cover no-poach and wage-fixing arrangements between entities.

08 September 2026

Insight
We examine the ACCC’s response to CHOICE’s designated complaint and its call for stronger product safety rules, including for online marketplaces.

07 September 2026

Insight
On 3 September 2026, Federal Treasury published exposure draft legislation to implement the 30 per cent minimum tax on certain discretionary trusts, a measure which was announced in the 2026-27 Federal Budget and will apply from 1 July 2028.

04 September 2026