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How the ACCC will assess mergers under the new regime
The ACCC has released its draft merger assessment guidelines (Draft Guidelines) for consultation, offering a preview of how it plans to assess mergers under the new mandatory regime (which comes into effect on 1 January 2026). In this Insight, we highlight key aspects of the ACCC's renewed approach ...
Recent developments in foreign investment (FIRB) regulation
The Federal Government's recent changes to foreign investment policies released on 14 March 2025 introduce significant modifications. In this Insight , we: examine the Government's latest foreign ...
PE Horizons 2025: the year to get creative
Key PE trends from 2024 and what these mean for the Australian and global markets in 2025. ...
Exits: making warranty and indemnity insurance work for your sale process
Warranty and indemnity insurance ( W&I insurance ) is now a near staple in sale processes run by sellers seeking a clean exit from an investment, especially in the private capital context. However, ...
Stamp duty complexities in Sale and Purchase Agreements: insights from Van Dairy
The recent Tasmanian case of Van Dairy suggests that an agreement to procure a sale of property might be liable to duty as an agreement for sale, even if the owner of the property is not a party to it. considered the status of a Sale and Purchase Agreement (SPA) in the context of stamp duty. ...
Critical minerals outlook: M&A to ramp up in 2025
2024 was a turbulent year for dealmakers, project developers and investors in critical minerals. Immature markets and declining prices driven by the ramp-up of new supply outpacing demand growth impacted both financing availability and dealmaking activity. ...
Food, beverage and agribusiness M&A set for an even stronger year
This Insight explores the key M&A trends shaping this sector, including resilient investment in core consumer products, continued interest from private equity investors, growing public market activity and the increasing role of ESG related matters in driving future opportunities. ...
Mandatory merger regime is coming to Australia: practical steps to prepare now and avoid disruption
The Treasury Laws Amendment (Mergers and Acquisitions Reform) Bill 2024 (the Bill) has passed both houses of Parliament with no amendments. This means a mandatory and suspensory administrative merger regime will formally come into effect for transactions completing on or after 1 January 2026 ...
Financial services regulation update (November edition)
Covered in this webinar: The significant reforms to Australia's merger control regime likely coming into effect from 1 January 2026. What will the new regime look like? Which types of deals are likely to be caught? What practical issues should be considered before the new regime comes into effect? APRA's increasing scrutiny of expenditure by superannuation trustees. What are APRA's areas of likely focus for surveillance and enforcement action? What are the expenditure requirements in the new SPS 515? What practical steps can trustees take to prepare? ...
Terminating M&A deals for material adverse change
In October 2024, the English Commercial Court delivered an important decision in BM Brazil concerning the ability of a buyer to rely on a material adverse change (MAC) condition to terminate an M&A deal. ...