Aitken

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Level 28, 140 William Street, Melbourne Victoria 3000 Australia
Call: +61 3 8600 6000 info@aitken.com.au

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Mergers & Acquisitions Lawyers

Our mergers and acquisitions lawyers have deep experience across a broad range of corporate transactions, acting for businesses from start-ups and SMEs through to ASX and NSX-listed companies and multinationals. We specialise in mid-market transactions, with a typical deal size ranging from $2 million to $100 million, although we have experience with transactions both below and above that range.

Corporate Transactions

We regularly act for both buy-side and sell-side participants, working closely with our clients to manage and structure sales, purchases, capital raises and joint ventures in line with their commercial strategy and risk appetite. We pride ourselves on being involved early in the process, which allows us to collaborate with financial and taxation advisers to shape transactions and maximise value. Our lawyers bring commercial acumen and technical expertise to every deal, ensuring that our clients are well-prepared, protected and positioned for success.

Sell-side

On the sell-side, our approach is proactive and strategic. We help businesses get “deal ready” by aligning stakeholders, protecting key assets, securing intellectual property, ensuring regulatory compliance, and locking in critical supplier and customer relationships. For clients with shorter timeframes, we’re adept at preparing businesses for sale quickly and presenting them in the best possible light. Our focus is always on preserving business value, lowering post-completion risk and delivering strong financial outcomes.

Buy-side

On the buy-side, we assist clients in assessing the right acquisition structure. Whether through asset or share purchase, and work to draft or review term sheets, conduct due diligence, and negotiate agreements that manage risk and align with your strategic objectives. Our team is efficient and commercially focused. We don’t over-resource matters and avoid over-lawyering issues that don’t materially affect the deal.

Wide-Ranging Expertise Across Transactions and Industries

In addition to traditional M&A, we have significant expertise in capital raising and investment transactions. Our lawyers regularly advise on regulated and unregulated capital raisings, venture capital investments, convertible note issues and equity restructures. We support businesses through all stages of the capital raising lifecycle; from early-stage seed funding through Series A, B and C, drafting documentation such as SAFEs, convertible notes, and shareholder agreements, and advising on investor negotiations and compliance.

We also advise on strategic joint ventures and partnerships, particularly where a full acquisition isn’t appropriate. We assist in structuring joint venture arrangements that balance risk, reward, and control, while preserving operational flexibility for all parties involved.

Our M&A team has worked across a wide range of industries, including health and veterinary, technology, fintech, food and beverage, telecommunications, manufacturing, and professional services. Our recent experience includes:

  • advising on the $10 million sale of an equine veterinary hospital to a UK-based aggregator;
  • a $7.6 million sale of a mobile phone reseller to Amaysim;
  • a $16.5 million share sale of a fintech insurance brokerage;
  • and capital raises ranging from $2.2 million for a gold mining equipment company through to a $35 million raise for a national telehealth platform.

Our Approach

We understand that every business faces unique challenges and opportunities during an M&A or capital transaction. We tailor our advice and services to match each client’s needs, ensuring that the legal process supports, not obstructs, your commercial goals. With our deep knowledge of mergers and acquisitions law, commercial insight, and proven track record, we provide practical, strategic guidance at every stage of the transaction.

Get in touch

To get in touch with our M&A lawyers in Melbourne, fill out the form below or give us a call: +61 3 8600 6000

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Located in Melbourne CBD at Level 28, 140 William Street, Melbourne. Servicing all Melbourne suburbs online and within a 15-minute drive for: Melbourne CBD, Carlton, Fitzroy, Richmond, South Yarra, St Kilda, Brunswick, Collingwood, Prahran, South Melbourne, North Melbourne.

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Frequently Asked Questions

Mergers and acquisitions law is the legal framework governing mergers and acquisitions, encompassing the rules and regulations that govern how companies combine or acquire other companies. It deals with various legal aspects of these transactions, including antitrust regulations, securities laws, tax implications, and contract law.

M&A lawyers play a crucial role in advising clients throughout the entire M&A process. Their responsibilities include:

- Conducting legal due diligence
- Negotiating and drafting transaction documents (e.g., merger agreements, purchase agreements)
- Advising on legal and regulatory compliance
- Handling all legal aspects of the transaction, including obtaining necessary approvals
- Managing potential legal risks and disputes

Merger: Two companies combine to form a new, typically larger entity. Both companies may cease to exist independently.

Acquisition: One company purchases another company, which may become a subsidiary of the acquiring company or be dissolved.

Cross-border M&A involves transactions where companies from different countries are involved. These transactions present unique challenges due to differences in legal systems, regulations, and cultural norms.

Due diligence in mergers and acquisitions is a thorough investigation of the target company's financial, legal, and operational status. This process aims to:

- Assess the target company's value and identify potential risks.
- Verify the accuracy of the information provided by the target company.
- Identify any potential legal or regulatory issues.

The typical stages include:

- Initial screening and target identification: Identifying potential acquisition targets that align with the acquirer's strategic goals.
- Due diligence: Conducting thorough investigations of the target company.
- Valuation and negotiation: Determining the value of the target company and negotiating the terms of the transaction.
- Deal structuring and documentation: Structuring the transaction and drafting the necessary legal documents (e.g., merger agreement, purchase agreement).
- Regulatory approvals and closing: Obtaining any necessary regulatory approvals and completing the transaction.

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