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The 2026 edition of the Herbert Smith Freehills Kramer Guide to Takeovers and Schemes of Arrangement has been launched.
Our Guide is designed to provide a helpful summary of some of the key legal and regulatory issues that arise in connection with Australian takeovers and schemes. This includes Australia's new merger control regime which came into effect on 1 January 2026.
The Herbert Smith Freehills Kramer Guide to Takeovers and Schemes of Arrangement in Australia is a guide to:
- making, or responding to, a takeover bid for an Australian public company; and
- the use of schemes of arrangement as a means of acquiring an Australian public company.
The topics covered include:
- Australia's M&A market
- Legislative framework
- Preparing for a transaction
- Scheme of arrangement vs takeover bid
- The scheme of arrangement procedure
- Takeover bids – steps and procedures
- Takeover defence
- Disclosure of shareholdings
- Dispute resolution
- Alternatives to formal takeover bids or schemes of arrangement
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
