Australia: M&A/Private Equity

The ACCC’s FAQ guidance released on 22 June 2026 sets out its expectations for the disclosure by private equity funds in applying for notification waivers under the new mandatory notification merger regime.

Carroll & O'Dea's Business Lawyers Group provides comprehensive legal services for commercial, private and not-for-profit clients across Australia and internationally.

Where objections are lodged against a proposed compulsory acquisition under Chapter 6A of the Corporations Act, the residual holders can prevent the compulsory acquisition proceeding...

Australia’s new merger control regime has been in force since 1 January 2026, with the ACCC noting it is ‘off to a positive start’.

Justice Lee's recent Star Entertainment decision has sparked questions about its implications for mergers and acquisitions activity.

The recent Ausmincon/Afry scheme has reignited debate over naked no vote break fees in Australian M&A transactions. While these fees have been largely absent from public deals for the past decade, the Court's decision reconfirms they are not inherently coercive and need not be minimal. What factors enabled this $1 million break fee—exceeding 1% of equity value—to withstand judicial scrutiny?

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The reforms represent the most significant change to merger regulation in over 50 years.

In New World Resources Limited 02, the Takeovers Panel expressed concerns regarding a proposed placement of shares by a target company to a bidder.