Tripping the wire: New voting power triggers in Australia’s merger control regime
The number of transactions caught by Australia’s new merger control regime is set to expand considerably. While much attention has focused on Australia’s shift to mandatory merger notification, the introduction of new voting power thresholds under the new regime creates tripwire risks for dealmakers. On 1 April 2026, share acquisitions that complete on or after […]
ReadmoreIPO reforms set to boost M&A activity
Australia’s dealmaking environment may be entering a more dynamic phase. Over the last 12 months, Australia has introduced targeted reforms to shorten IPO timetables and reduce execution risk for eligible ASX listings: ASX’s update to Guidance Note 1 (effective 30 May 2025) clarifies admissions practice and encourages earlier, more structured engagement. ASX is also considering […]
ReadmoreAustralian mandatory merger control: Key implications
The introduction of mandatory merger control in Australia introduces the biggest change in Australian deal mechanisms in decades. From 1 January 2026, Australia moved from a largely voluntary merger clearance system to a mandatory merger control regime. Certain acquisitions of shares, units or assets that meet prescribed thresholds must be notified to the Australian Competition […]
ReadmoreForeign investment update: New ground for FIRB and dealmakers alike
What’s new? Australia’s foreign investment landscape is in the midst of a transformation with technological and administrative changes introduced from 1 July 2025 to streamline low-risk applications, leaving the higher-risk proposals to sharper scrutiny. The new Foreign Investment Portal is now the single-entry point for all FIRB applications, compliance reports and, from 1 January 2026, […]
ReadmoreAustralian M&A: A review of 2025 and outlook for 2026
In 2025, Gadens’ Corporate team advised on over 50 M&A transactions totalling more than AUD3.8 billion. This marked an increase on 2024 and reflects the breadth of our involvement across the Australian M&A market throughout the year. In this year’s edition of our Australian M&A review, we examine the key trends and developments that shaped […]
ReadmoreAustralian mid-market M&A: A review of 2024 and outlook for 2025
In 2024, Gadens’ Corporate team achieved remarkable growth, advising on over 50 M&A transactions with a total value more than double that of 2023. This expansion reflects both our growing market presence and the trust our clients place in us to deliver high-value, strategic deals. In our inaugural edition of our M&A review, we reflect […]
ReadmoreNew Australian mandatory merger control legislation introduced – Further clarity on the path ahead
In the biggest ever reform of Australia’s merger control laws (see our earlier Insights here and here), the Treasury Laws Amendment (Mergers and Acquisitions Reform) Bill 2024 (Bill) was introduced in the House of Representatives on 10 October and will now work its way through the Parliamentary process with an expectation of the Bill becoming law by […]
ReadmoreAustralian Government releases draft merger control thresholds
The Australian Government has published its draft merger control thresholds which would trigger a mandatory merger control notification to the Australian Competition & Consumer Commission (ACCC) by relevant parties. These are likely to result in many more transactions being notified to the ACCC pursuant to the new processes the Australian Government will legislate to commence […]
ReadmoreDoing business in Australia
The Gadens Doing business in Australia guide provides foreign investors with an overview of the Australian business, economic and regulatory environment, as well as practical advice on how to go about setting up and doing business in Australia. Australia is an ideal investment location for foreign companies looking to grow internationally, benefitting from well-developed infrastructure, […]
ReadmoreNew Mandatory Merger Control Regime Promises Balanced Reform
The Federal Government’s eagerly anticipated position on reforming Australia’s merger laws was released on 10 April, which it will seek to legislate with effect from 1 January 2026. Should the reforms be implemented as envisaged, we expect it to result in: greater certainty as to when notification to the Australian Competition and Consumer Commission (ACCC) is necessary; […]
ReadmoreDefamation – what is required to establish ‘serious harm’?
The Federal Court of Australia recently handed down a decision in Selkirk v Hocking (No 2)[1] shedding light on the serious harm element of the cause of action for defamation. Background In November 2019, Ms Selkirk was convicted of multiple counts of dishonestly obtaining financial advantage by deception by using falsified receipts to return goods […]
ReadmoreRegulatory action for greenwashing is upon us
Last week, the Australian Securities and Investments Commission (ASIC) commenced civil penalty proceedings for alleged greenwashing against Mercer Superannuation (Australia) Limited (Mercer). This is in addition to ASIC having issued penalty notices to at least four companies for alleged greenwashing, since October 2022. Last year, ASIC identified investigating greenwashing and taking enforcement action where greenwashing […]
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