Practice Areas

Corporate

The corporate group at McCabes brings a smart, commercial mindset to the legal side of corporate transactions. This starts with knowing our clients’ businesses and markets and understanding each client’s goals from the outset.

Our group has a wealth of corporate transactional experience across a range of sectors, including retail, hospitality, insurance, financial services, technology, health, energy and resources, agriculture, real estate, transport and aviation, construction, education and government.

The corporate group helps clients to navigate through the increasingly complex corporate and regulatory environment in Australia. They provide project management for corporate transactions and advise on a range of corporate issues.

We also provide corporate advisory services to augment our transactional offering, including corporate governance, regulatory and compliance advice and general Corporations Act and ASX Listing Rules advice.

Expertise

Mergers & Acquisitions

The Australian mergers and acquisitions (M&A) landscape is constantly changing. It is complex, highly regulated, and subject to market scrutiny from regulators and key stakeholders.

Our corporate group includes experienced senior practitioners recognised and respected in the marketplace for their experience, skills and expertise on complex M&A transactional work and their understanding of the Australian regulatory environment.

We help clients manage their transactions from beginning to end, and work effectively with corporate regulators, including ASIC, ASX, FIRB and the Takeovers Panel.

Expertise

Equity Capital Markets

Expertise

• Conduct initial public offerings and backdoor listings
• Establish and structure listed and unlisted managed funds
• · Advise on subsequent offerings, including rights issues (such as accelerated entitlement offers), private placements, share purchase plans, DRP underwritings, and the establishment of share and interest sale facilities
• Advise on underwriting arrangements
• Advise on capital management strategies, including buybacks and capital reductions

Funds

McCabes’ corporate group provides advice to a broad range of clients on all aspects of managed funds, listed and unlisted.

Our group is led by senior practitioners that work closely with regulators such as ASIC, ASX, FIRB and the Australian Takeovers Panel. We provide innovative and pragmatic advice to our clients on listed and unlisted trusts, including property trusts.

Expertise

Venture Capital & Private Equity

McCabes’ corporate group advises clients in venture capital and private equity transactions.

We work seamlessly with other practice groups in our firm and industry regulators such as ASIC, ASX, FIRB and the Australian Takeovers Panel to meet our client’s strategic and financial needs.

Expertise

• Provide governing documents and advise on the establishment of private equity and other funds
• Negotiate and document a range of investment transactions and subsequent divestment transactions (LBOs, MBOs, trade sales, mergers or floats)
• Structure Management Equity Plans
• FIRB advice and clearances
• Undertake vendor and acquisition legal due diligence

Company Secretarial

McCabes’ corporate group provides legal and secretarial solutions for our listed and unlisted clients, some of whom may not have the benefit of dedicated internal resources.

Our experienced practitioners can assist clients in compliance and secretarial functions, freeing their time to focus on other business operations.

We can provide these services on an ad hoc basis, or offer a complete secretarial and compliance package to our clients.

We have excellent relations with key regulators, including ASIC and ASX, and all dealings are streamlined with them.

Expertise

• Establishment of companies
• Liaise with the appointed share registry
• Attend and minute board meetings
• Arrange, attend and minute shareholder meetings, including the annual general meeting
• Draft notices of meeting
• · Director’s letter of appointment and deeds of indemnity, insurance and access
• Maintain statutory registers in conjunction with the client’s appointed share registry (where applicable)
• · Attend to the issue, allotment, transference, transmission, and forfeiture of shares, certificates and registration of share capital, and instruct the share registry to perform these functions
• Organise production of the annual report
• Prepare, update and advise in respect of corporate governance statements and corporate governance policies.
• · Manage timing and lodgement with the exchange of all mandatory and periodic reports
• Advise the company and directors about continuous disclosure requirements, the ASX Listing Rules and the Corporations Act
• Manage shareholder correspondence and providing advice where required

Commercial

McCabes’ corporate group advises on a wide range of general commercial law matters.

Our group assists with all manner of commercial contracts, including contracts for agency and distribution agreements, outsourcing agreements, terms and conditions of supply, and licensing agreements. We are experienced drafters and negotiators, and also advise on interpretation (usually exploring termination rights following breach).

We understand the importance of risk management to business and implement strategies to ensure that our clients’ contracts address these risks commercially.

We have particular expertise and experience in several sectors, including technology, intellectual property, mining services and retail. McCabes also has extensive experience in acting for borrowers and lenders on a wide range of financing matters across the entire financing cycle.

Expertise