Mergers and Acquisitions

Significant experience and expertise advising on local and international mergers and acquisitions across a range of industries.

Services Experience People Publications Foreign Investment

We understand that a merger or acquisition can be a major turning point for an organisation, and that businesses need the advice of experts who can make things happen efficiently and effectively.

With significant experience acting on both local and international M&A transactions, whether friendly or hostile, we work to ensure the best possible outcome for you and your business.

We bring together a team of engaged, determined lawyers with an in-depth understanding of corporate law and Australia’s takeover and regulatory regime, including foreign investment requirements. We have extensive industry and local knowledge, providing a premium service to our clients involved in takeovers, mergers, joint ventures, private equity and large-scale asset acquisitions. In simple terms, we focus on delivering outstanding results for our clients.

In all M&A transactions, our team works together with our clients and other professional advisers to provide a complete service, from initial due diligence through to completion.

HopgoodGanim has a great record of recognition for our M&A work - Brian Moller won the accolade M&A Leading Adviser of the Year for the Hot Rock/Energy Development Corporation joint venture from Acquisitions International Magazine in 2013, and HopgoodGanim was recommended for Corporate and M&A in Asia Pacific Legal 500, 2012, and was named a leading Queensland firm for Mergers and Acquisitions in Doyle's Guide to the Australian Legal Profession, 2010. Most recently, Michele Muscillo was named in Best Lawyers in Australia 2018/19 by the Australian Financial Review for Mergers and Acquisitions Law.

Areas of expertise

  • Takeovers and defence strategies - on market and off market
  • Schemes of arrangement
  • Mergers and demergers
  • Divestments and acquisitions of shares and assets
  • Joint venture arrangements 
  • Cross border transactions, including FIRB compliance
  • Innovative structuring
  • Capital raisings
  • Private equity and venture capital
  • Entry and exit strategies, including trade sales, private placements, management and secondary buy outs, and IPOs
  • Leveraged buy-outs and debt financing 
  • Distressed asset sales
  • Buy backs 
  • Privatisations
  • Mezzanine capital
  • Regulatory compliance
  • Advising a major Australian mining company on due diligence ahead of a potential change of control transaction with a value of $5 billion.
  • Advising Bow Energy on the $535 million takeover by Shell and PetroChina subsidiary Arrow Energy.
  • Advising ASX-listed Hot Rock on a number of joint venture agreements with PSE-listed Energy Development Corporation, providing funding of up to USD $200 million.
  • Advising Jindal Steel & Power (Australia) on its $221.61 million on-market takeover offer for coal producer Gujarat NRE Coking Coal.
  • Advising on the $120 million sale of the milling assets of Proserpine Cooperative Sugar Milling Association, Australia’s fifth largest sugar mill, to Sucrogen.
  • Advising Norton Gold Fields on the $229 million off-market takeover bid by Jinyu (H.K.) International Mining Company, a wholly owned subsidiary of Zijin Mining Group, China’s largest gold producer.
  • Advising ASX-listed Orion Metals on its takeover by Conglin International Group, a wholly owned subsidiary of Huachen, a major coking coal and iron ore supplier in China. 
  • Advising AIM-listed Solomon Gold plc on the acquisition of two Australian gold exploration companies, Acapulco Mining and Central Minerals.
  • Advising Northern Energy Corporation on the $238 million takeover bid by New Hope Corporation.
  • Advising on the merger of Queensland Turf Club and Brisbane Turf Club to form one thoroughbred racing club for the Brisbane Metropolitan area, with combined assets worth $73 million.
  • Advising Volga Elderberry on the sale of the Lorena Gold Project in North West Queensland to ASX-listed Malachite Resources. 
  •  Advising Careers Australia Group on the successful defence of a $70 million takeover bid by ASX-listed Site Group International.
  • Advising Jindal Steel and Power (Australia) on its $73 million on-market (unconditional) takeover of Rocklands Richfield. Our client’s parent company, Jindal Steel & Power, is the third largest steel producer in India. 
  • Advising Waratah Coal on its $126 million acquisition by Mineralogy (controlled by Clive Palmer).
  • Advising BeMax Resources on its $301.5 million acquisition by Cristal Australia, which was recommended to BeMax shareholders.
  • Advising private equity group Navis Group on the due diligence aspects of its acquisition of the Wendy's franchise operations, comprising 325 franchised outlets throughout Australia and New Zealand. 
  • Advising Whitehaven Coal (formerly Pecten Corporation) on its $318 million scrip takeover of Whitehaven Coal Holdings. 
  • Advising Dark Blue Sea on its successful defence of Photon Group’s initial unsolicited $85 million takeover bid, and on the further, and ultimately successful, bid for the company.
  • Advising SCV Group on its $22 million takeover offer for Village Life. 
  • Advising Norton Gold Fields on its successful $17.6 million scrip takeover bid for Bellamel Mining.

As international investors increasingly look to Australia for potential investment opportunities and asset acquisitions, it is essential that they seek expert advice on their obligations under Australia’s foreign investment laws and approvals processes.

Foreign investment into Australia is subject to the Foreign Acquisitions and Takeovers Act 1975, which is administered by the Foreign Investment Review Board (FIRB). In addition to legislation, FIRB also issued “Australia’s Foreign Investment Policy” in January 2012 to provide further guidance.

HopgoodGanim has significant expertise and experience advising clients on the regulatory requirements for foreign investment into Australia, particularly for acquisitions in the resource and property sectors. We have a strong record of obtaining foreign investment approvals from FIRB, and have established a professional working relationship with FIRB that we can rely on to assist clients to address their foreign investment requirements.

Our expertise includes:

  • Advising on the regulatory requirements for direct foreign investment into Australia under Australia’s Foreign Acquisitions and Takeovers Act and FIRB policies. 
  • Advising Australian companies with significant foreign shareholdings on their obligations under Australia’s foreign investments laws. 
  • Preparing foreign investment applications to the FIRB and providing guidance on the foreign investment approvals process. 
  • Liaising and, if required, negotiating with FIRB in relation to foreign investment applications or discreet foreign investment issues for clients. 
  • Advising foreign investors on how foreign investment laws in Australia may impact on decision making in a takeover process or in mergers and acquisitions in Australia in general. 
  • Advising foreign state-owned enterprises looking to invest in Australia on FIRB’s policy on investments by state-owned enterprises and how FIRB applies the national interest test to such enterprises. 
  • Advising Australian companies on outbound investment from Australia into other countries, particularly China.

HopgoodGanim has advised a number of clients on foreign investment matters, including Deutsche Rohstoff AG, Jindal Steel and Power, MetroCoal and Chinalco Yunnan Copper Resources.