M&A and Governance

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.

Nicole Backhouse

Counsel

Sydney

+61 2 8922 8058

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David Clee

Partner

Sydney

+61 2 8922 8575

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Latest blogs

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.

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.

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.

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?

Clifford Chance