Stay up to date with M&A Governance Insights from Australia.
In this series, we explore the dynamic landscape of M&A activity both in Australia, across APAC and globally, and the evolving governance frameworks that shape corporate decision-making. From regulatory developments and boardroom responsibilities to market trends and shareholder activism, we break down the key issues that influence deal-making and oversight in the Australian context.
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How will transactional documents be impacted by a proposed ban on non-compete clauses in Australia The Australian Government is considering a ban on non-compete clauses in certain employment contracts. What could this mean for similar restraints in corporate documents like NDA's, Sale Agreements and Shareholders' Deeds? Nicole Backhouse Counsel 17 April 2025 Read more
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When it is unacceptable to remove a company from the ambit of Chapter 6 of the Corporations Act 2001? Here we discuss the Takeovers Panel’s guidance on when corporate restructures—specifically involving bare trust arrangements—may inappropriately remove a company from the protections of Chapter 6 of the Corporations Act. Nicole Backhouse Counsel 2 May 2025 Read more
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Disclosure best practices for sellers using virtual data rooms Here we consider a recent ruling that highlights the need for sellers to flag material issues in a virtual data room (VDR) as simply disclosing them in the VDR may not satisfy legal obligations. Nicole Backhouse Counsel 29 May 2025 Read more
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Truth in Takeovers: Say what you mean and mean what you say Here we discuss the Dropsuite case, highlighting how the Truth in Takeovers policy reinforces the need for clear, reliable voting intention statements to uphold market integrity in control transactions. Nicole Backhouse Counsel 11 June 2025 Read more