Takeovers in Australia: What the International In-House Lawyer Might Want To Know

Steven Stern, University General Counsel and Secretary, Adjunct Professor, Victoria Law School, Victoria University, Australia

This paper addresses why the issue of takeovers’ regulation in Australia should be of interest to the in-house lawyer internationally, and what are some key features which the international in-house lawyer should be aware. The potential impact of this issue extends well beyond those in-house lawyers who are takeover specialists. In-house lawyers should not assume that prudently they might leave transactional work in respect of a major takeover in Australia to the “big end of town” in specialist law firms and investment advisers. With Australian company takeovers and analogous transactions, legal requirements exist of a unique nature which should be of interest to the in-house lawyer, who might not prudently abdicate their attention to such matters to takeover specialists.

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Australia Mergers & Acquisition University July 2013 Vol. 6, No. 24, Summer 2013

Steven Stern

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Dr Steven Stern holds the offices of University General Counsel and University Secretary at Victoria University, and is an Adjunct Professor in the Victoria Law School of that University. Previously he has been a Senior Associate at what is now King & Wood Mallesons; Director, Legal Advice and Review Branch/General Counsel to the National Companies and Securities Commission/Australian Securities Commission; Corporation Secretary and Principal Legal Officer at the Australian Wool Corporation; and an officer in the Commonwealth Attorney-General’s Department. He holds the degrees of Doctor of Philosophy from The University of Melbourne with a thesis on The Law of Money, that is, the influence of monetary economics on financial law; and of Master of Laws also from The University of Melbourne which included a major thesis on the legal protection of computer software (an abridgement of which was published in the Australian Law Journal), as well as the degrees of Bachelor of Economics and Bachelor of Laws from Monash University in Australia.

Victoria University

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Victoria University is a body politic and corporate established by the Victoria University of Technology Act 1990 of the State of Victoria in Australia, renamed Victoria University with effect from 9 August 2005 and continued in existence by the Victoria University Act 2010. The objects of Victoria University include to provide and maintain a teaching and learning environment of excellent quality offering higher education at an international standard; to undertake pure and applied research, invention and innovation; and to provide vocational education and training to support and complement the University’s provision of higher education.

Australia Mergers & Acquisition University July 2013 Vol. 6, No. 24, Summer 2013
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