Private Client Lawyers Melbourne

Our Expertise

Mergers & Acquisitions

Russell Kennedy has recognised experience and capability in business sales, mergers and acquisitions.

As Mergers and Acquisitions Law experts, we act for a broad range of private businesses and investors, public companies and not-for-profit organisations in what are typically milestone transactions in the lifecycle of any commercial enterprise.

We tailor our service offering to meet the requirements of the deal and provide value for money to our clients. We draw on the skills of our workplace relations and employment, property and development, intellectual property, planning and environmental and banking and finance teams to provide quality service to our clients.

In 2016 Russell Kennedy was recognised as Leaders in M&A Law in Australia by Acquisition International. 

Our mergers and acquisitions services include:

  • sale and purchase negotiations and agreements
  • debt and equity financing
  • capital raising
  • pre-sale restructuring
  • purchaser due diligence
  • vendor due diligence in preparation of proposed sale
  • virtual data room set up and management
  • confidentiality,  non-disclosure and exclusivity agreements
  • pre-sale documents including heads of agreement, MOUs and letters of intent
  • employment and consultancy agreements for key personnel
  • competition law advice and merger clearances  
  • GST, stamp duty and revenue law advice
  • regulatory and business licensing advice
  • registration and discharge of security interests
  • vendor restraints and non-compete undertakings
  • intellectual property registration and transfer
  • contract novation and assignment
  • foreign investment approvals
  • corporate governance and shareholder agreements

Industry Experience

Retail, consumer products, manufacturing and distribution

  • Acted for private investors on the sale of an electronics distribution business to a multi-national corporation
  • Acted for an Indian conglomerate on its entry into the Australian aerospace market via the acquisition of two Australian aircraft component manufacturing companies
  • Acted for a large publically listed company on its venture capital acquisition of a 50% stake in a water recycling technology company
  • Acted for a major supplier of plumbing and bathroom products in its acquisition of a competitor that required ACCC clearance
  • Acted on various transactions involving the sale and acquisition of direct sales and marketing businesses
  • Acted on the sale of an industrial fuel tank manufacturing business on behalf of a local subsidiary of a foreign multi-national

Professional services

  • Advised law firms, accounting firms, engineering firms and other consulting firms on a number of acquisitions, sales and mergers including share sale agreements and shareholder or partnership agreements for the merged entities

Health

  • Acted for a GP training organisation in relation to a merger with another GP training organisation. We advised on the many legal aspects surrounding the merger including governance, tax, employment and intellectual property concerns
  • Advised a shareholder on the acquisition of a company that operated a number of medical practices
  • Acted on the sale of a pathology business for private business
  • Acted on the acquisition of numerous pharmacy businesses

Aged care and retirement living

  • Acted on the sale and acquisition of numerous retirement villages and aged care facilities across Australia
  • Acted on the sale and acquisition of numerous community care and supported residential service providers
  • Acted on the sale of a significant aged care, retirement living and community care portfolio held within multiple states and territories, across a number of standalone and co-located sites

Property and hotels

  • Advised shareholders of a building and construction company in relation to a shareholders agreement arising from the merger of operations with a multi-national company
  • Assisted a shareholder in acquiring the interests of other shareholders in a company that owns multiple CBD sites
  • Acted on the sale of a multi-site motel business
  • Advised a motel chain on all aspects of its proposed merger with a competitor, including structure and implementation issues
  • Advised on the sale of a hotel business and land to a national hotel group

Food, agribusiness and therapeutic goods

  • Advised a Cooperative Research Centre on the potential acquisition of an interest in a joint venture regarding designer grasses
  • Acted on the sale of a pasta food manufacturer to a US-based multinational
  • Acted on the acquisition of food testing laboratories and its expansion into the Queensland market
  • Acted on the acquisition of a vitamin supplement business
  • Advised a forestry and timber mill processor on the acquisition of a competitor
  • Acted on the acquisition of a wholesale bakery for private investor
  • Acted on the sale of a livestock trading company

Technology and communications

  • Advised a multi-national managed security service provider on the demerger of its Australian operations from a Hong Kong company and a subsequent merger with an Australian internet provider
  • Advised on the acquisition of an online classified business from a publicly listed company
  • Acted on the acquisition of various software manufacturers

Transport and logistics

  • Advised on the share sale in a transport and logistics business to private equity investors
  • Acted in the acquisition of numerous transport businesses

Not-for-profit

  • Acted for industry associations in relation to amalgamations
  • Advised a membership organisation on all legal aspects of its proposed merger with a similar organisation, including the structure of the organisation and the implementation process