Thought Leadership

Ahead of the Deal

Australian M&A Briefing

Welcome to "Ahead of the Deal", our monthly Australian M&A briefing

Each month we explore the latest news and developments in M&A and Australian corporate law to keep you up-to-date. Visit our Corporate and M&A page for more information about how we can help.

Subscribe to keep up to date with the latest Australian M&A insights from the Ashurst team.

Articles

A long hallway lined with rows of servers, showcasing a modern data center environment.

Power plays: plugging into data centre deals

Rebecca Cope, Alexandra Peace, Phil Breden, Andrew Hilton and Jasmin Lestelin delve into what's driving data centre M&A and investment activity, and the key diligence, regulatory and contractual considerations for those doing deals in the sector.

An individual engaged in writing on a tablet with a stylus.

From handshake to headache – why 'preliminary' agreements can make or break your deal

Anita Choi considers two recent cases that illustrate the risks that can arise from heads of agreement and term sheets, and the importance of consistency between documentation and action.

Gold coins and various graphs displayed on a world map

Carrots and sticks: the next wave of Australia's foreign investment reform

In this special edition of Ahead of the Deal, Tony Damian and Anita Choi examine Treasury's recently released Discussion Paper on proposed major reforms to Australia's foreign investment framework. They note that the package looks like a good one, including some potentially important carrots and generally reasonable sticks. Submissions are due 12 December 2025.

Spotlight on Ratha Nabanidham

Spotlight on Ratha Nabanidham – good as gold in Brisbane

We chat with Ratha Nabanidham, who leads Ashurst's Brisbane Corporate Transactions team, about Harmony Gold's recently completed $1.58 billion acquisition of MAC Copper and how Queensland's new energy roadmap is driving deal activity and investment.

Gold coins and various graphs displayed on a world map

Public and private markets: ASIC’s roadmap for Australia’s capital markets

In this special edition of Ahead of the Deal, Stuart Dullard, Andrew Kim, Patricia Paton and Miriam Kleiner look at ASIC's recently released report “Advancing Australia’s evolving capital markets: Discussion paper response report”. The Report sets out ASIC’s proposed improvements to facilitate public markets and ways to introduce greater transparency and accountability in private markets.

Wait AZEK – is this too much change?

Tony Damian, Sharon Liu and Josh Hanegbi examine the ASX's new consultation paper seeking feedback on proposals involving changing and introducing shareholder approval requirements – including for bidder share issuances in public M&A deals – in the wake of James Hardie's acquisition of AZEK and the proposed merger between Seven West Media and Southern Cross Media.

Control issues: insights from the Takeovers Panel's 2024-25 Annual Report

Eliza Blandford, Brooke Coghlan and John Sartori distil the key findings in and insights from the Takeover Panel's newly released annual report, including the main issues raised in Panel applications and potential changes to Panel guidance on association and the scope of its jurisdiction.

In with the new: the latest developments on the ACCC's new merger control regime

Annalisa Heger examines some recent Federal Government announcements and consultations that could significantly alter the landscape for some types of transactions as Australia's new merger control regime comes into effect.

Spotlight on Natsuko Ogawa – Japan-Australia connections

We talk to Natsuko Ogawa, leader of Ashurst's Japan practice in Australia and one of the foremost Australian lawyers for inbound Japanese investment.

Blue and Coral stock market graphic

No easy exit: Key takeaways from the Cosette / Mayne Pharma decision

In this special edition, Andrew Kim looks at the key takeaways from the Cosette / Mayne Pharma decision dealing with MACs and bidder's termination rights.

The three key trends emerging in public M&A in 2025

Neil Pathak, Tony Damian, Lisa d'Oliveyra, James Shirbin and Joseph Nguyen dive into the data on public M&A deals in 2025 and pull out the top 3 trends shaping transaction activity in the year to date.

Oil’s Well That Ends in Court: Panel Lets Twinza’s Creditors’ Scheme Flow

Carl Della-Bosca provides insights on this month's decision by the Takeovers Panel not to intervene in a creditors' scheme of arrangement.

Behind closed doors – the Takeovers Panel's approach to claims of association

Andrew Kim and Adelaide Holm look at how the Panel deals with claims of association between shareholders, and what distinguishes those that succeed from the many that do not.

A pen adding in a signature.

Before the ink dries – lessons from 'pre-contractual' pitfalls and earnout entanglements

James Shirbin looks at what three judgments handed down this month can tell us about 'heads of agreement' and contingent consideration arrangements.

Spotlight on Carl Della-Bosca – WA M&A from mining to online gaming (and everything in between)

We talk to Carl Della-Bosca, a Corporate / M&A Partner in Ashurst's Perth office, about what's driving deals in Western Australia.

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