Our experienced Private Equity legal team regularly publishes articles and updates - the full list of publications appears below. These publications look at regulatory and market trends as well as some of the deals and proposals that have recently made headlines. If you'd like to be notified when we add new private equity publications to the site, please go to our subscription page to sign up for email alerts or, alternatively, you can subscribe to our RSS feed.
Read about our track record in Private Equity.
- 14 December 2009
Client Update: Proposed changes to taxation of MITs' disposal of investmentsThe Federal Assistant Treasurer has released exposure draft legislation on the taxation of gains and losses on the disposal of investments by managed investment trusts. Under the proposed legislation, trustees of eligible managed investment trusts will be able to elect capital account treatment for gains and losses on certain assets. Partner Michael Rigby and Lawyer Jonathan Lee report
- 25 August 2008
Focus: Private EquityA significant recent development for 'take-private' offers in Australia is the inclusion of an unlisted scrip offer to shareholders (ie 'stub equity'), as an alternative to cash, to facilitate continued investment in the underlying business. Partner Tom Story and Senior Associate Julian Donnan report on the use of 'stub equity' in take-private transactions and provide an overview of the key legal issues
- 27 February 2007
Focus: Mergers & AcquisitionsThe Takeovers Panel has released a draft Guidance Note and issues paper relating to insider participation in control transactions. Partner Ewen Crouch and Lawyers Matthew Ireland and Mark Boyd-Boland, discuss the reasons behind the development of these guidelines, their key points and how bidders and target companies should proceed with takeover negotiations
- 23 November 2006
Focus: Private EquityThe US Department of Justice has begun an investigation into the conduct of private equity firms in the United States and whether their participation in 'club' deals is potentially anti-competitive. Partner Carolyn Oddie discusses the key aspects of these investigations and the implications for Australian consortium participants
- 20 September 2006
Focus: Private EquityAustralian businesses are attracting increasing interest from US financial sponsors, particularly private equity funds. As a guide for US financial sponsors considering a going-private transaction in Australia, Partner David Wenger and Senior Associate Tom Story provide an overview of the key differences between the applicable regulatory frameworks in the US and Australia
- 20 September 2006
Focus: Private EquityAustralian businesses are attracting increasing interest from US financial sponsors, particularly private equity funds. As a guide for US financial sponsors considering a going-private transaction in Australia, Partner David Wenger and Senior Associate Tom Story provide an overview of the key differences between the applicable regulatory frameworks in the US and Australia
- 06 September 2006
Focus: Acquisition FinanceThe increasing involvement of private equity funds in acquisition transactions is leading to a blurring of boundaries in the financing conditions adopted in public and private acquisitions. Partner Phillip Cornwell, Senior Associate Douglas Fung and Lawyer Dorothy Pawlukowski look at recent developments in the conditionality of leveraged funding for public and private acquisitions
- 31 August 2006
Focus: Private EquityThe financing package for the acquisition this year of the Myer department store business is an example of what may be a growing trend of private equity players partially financing their acquisitions through public offers of listed debt securities. Partner Robert Pick looks at the specific debt securities in this deal and whether we are likely to see more like them in the future
- 31 May 2006
Focus: Private EquityThe Federal Budget announced this month included a package of measures to increase activity in the venture capital sector. Partner Steve Clifford and Lawyer Jonathan de Ridder discuss the new measures and give background to the legal structures already in place for venture capitalists
