On 30 October 2017, ASX released a “bumper” update with details of Listing Rule changes that will take effect from 1 December 2017. The main changes relate to ASX’s new shareholder approval requirements for reverse takeovers and to provide guidance on ASX listing applications. In this insight we discuss the changes relevant to IPO market participants, to existing ASX listed companies and additional changes to ASX Listing Rules including in relation to medical cannabis listings and ICOs.
To execute a successful capital markets transaction, participants need to pursue their commercial goals whilst working within the financial and legal parameters in this jurisdiction and globally. To successfully navigate these challenges, you need legal advisers skilled in interpreting existing and developing legal requirements combined with a strong awareness of commercial and market realities.
Our place in the market
In the 2017 calendar year Thomson Reuters and Bloomberg ranked us first in Australia/NZ by number of deals as legal advisor to the issuer and second and third respectively in Australia/NZ by number of deals as legal advisor to the manager. Our relationships with investment banks operating in the Australian market are second to none.
Our Capital Markets team advise listed companies and funds, financial advisers and their clients, underwriters and institutional investors across the range of Australian capital markets transactions. Providing commercial advice and outcomes, we ensure our clients are kept informed and feel in control throughout the process.
We are renowned for providing innovative advice on new and existing financial structures and financial products. We have acted for many listed corporations in their debt and equity capital markets transactions. We have excellent working relationships with the Australian Securities & Investments Commission, the Australian Securities Exchange and the Australian Prudential Regulatory Authority.
- Conducting initial public offerings.
- Establishing and structuring listed and unlisted managed funds.
- Advising on subsequent offerings including rights issues (including accelerated entitlement offers), private placements, share purchase plans, DRP underwritings and on the establishment of share and interest sale facilities.
- Advising on block trades.
- Advising on the structuring of complex capital instruments, such as debenture and hybrid offerings.
- Advising on capital management strategies, including buy-backs and capital reductions.
- Debt capital markets and securitisation – on various programme establishments, drawdowns, credit-wrapped notes, US private placements and Islamic bonds.
Our team has also worked closely with investment bank advisers and corporate management to advise on a number of public-to-private transactions.
- Yancoal Australia Limited’s Independent Board Committee on the company’s US$2.5 billion capital raising to fund its acquisition of Coal & Allied from Rio Tinto.
- Beach Energy on its equity capital raising and debt financing to fund its $1.585 billion acquisition of Lattice Energy Limited.
- IOOF on its $975 million acquisition of ANZ’s OnePath Pensions and Investments business, including advising on a capital raising by way of placement and share purchase plan to fund the transaction.
- Cleanaway Waste Management on its $590 million accelerated non-renounceable entitlement offer to fund its proposed acquisition of Tox free Solutions.
- TPG Telecom on its $400 million accelerated non-renounceable entitlement offer.
- The dual-track IPO and trade sale process of Zip Industries Limited, which resulted in the sale of Zip by Quadrant Private Equity to Advent-backed Culligan International.
- Credit Suisse and UBS in relation to their role as underwriter for the $264 million IPO of Netwealth Group Limited.
- APN Property Group on the Convenience Retail REIT initial public offering and listing on the ASX.
- Morgan Stanley as the lead manager of the New Energy Solar Fund IPO.
- Viva Energy REIT on its $1.5 billion initial public offering.
- Credit Suisse and Morgan Stanley as joint lead managers on WiseTech Global’s $1 billion initial public offering.
- J.P. Morgan and Macquarie Capital as the joint lead managers on the $918 million initial public offering of Reliance Worldwide Corporation Limited.
- Gilbert + Tobin's Capital Markets team is ranked Band 1 by Chambers Asia-Pacific 2018.
- Gilbert + Tobin's Capital Markets team is ranked by Legal 500 2018.
- Gilbert + Tobin's Capital Markets team won Equity Market Deal of the Year at the 2018 Australasian Law Awards.
- Gilbert + Tobin was named Capital Markets Law Firm of the Year, Australia, by Finance Monthly Global 2017.