Doing business in Australia answers some of the most common questions an overseas investor may ask when establishing a business presence in Australia. It aims to provide an introduction to the laws of Australia for overseas legal practitioners.
Gilbert + Tobin has been the strategic advisor to key players in the healthcare industry for many years and remains committed to assisting our clients in realising the opportunities present in this complex and rapidly evolving area.
The ageing and growing population in Australia is creating a higher demand for health services, increasing revenue opportunities and driving infrastructure development. Coupled with this is a growing pressure on governments to contain the increasing cost of healthcare. This has created enormous opportunities for private sector players to provide innovative, top-quality services that assist governments in addressing this need for high-quality health services delivered at a lower cost to government budgets. These opportunities range from public-private partnerships to the delivery of medical services in patients’ homes to reduce the pressures on public hospitals.
Gilbert + Tobin’s multi-disciplinary team of legal experts is made up of lawyers from practice groups including Banking + Infrastructure, Competition + Regulation and Corporate Advisory with deep experience in health and health transactions. Health technology is another rapidly developing area in which Gilbert + Tobin has market-leading expertise. This breadth of expertise allows the team to best respond to clients’ needs across the full spectrum of health related matters.
We have significant experience advising healthcare providers, government agencies, pharmaceutical, biotechnology and medical device companies. This has given us a thorough understanding of the risks and opportunities presented in complex health deals for the various parties involved. We have a deep understanding of the regulatory framework encompassing this highly regulated industry, and understand the unique pressures that health providers face in delivering critical services.
Coupled with this, our extensive M&A work in the health market means we understand the drivers for investors into the sector.
We have a breadth of experience and expertise spanning all sectors of healthcare, including:
- Regulatory & Competition;
- Corporate matters, including M&A;
- Investment into health-related businesses;
- Health Infrastructure, including PPPs;
- Commercial arrangements;
- Technology and e-health;
- Intellectual property;
- Privacy and data issues; and
- Litigation and dispute resolution.
We have worked with various clients including:
- Hospital operators: Healthscope and Primary Health Care.
- Private equity groups and other investors in healthcare: Crescent Capital Partners, IronBridge Capital Management, Morgan Stanley, The Carlyle Group and UBS.
- Healthcare providers: Australian Clinical Laboratories, GenesisCare, Health Support Services, MyHealth, and National Home Doctor.
- Dental and hearing services: National Dental Care, National Hearing Care and Pacific Smiles Group.
- Government agencies and NFP: NSW Health, Telethon Kids Institute.
- Pharmaceutical, biotech and medical device companies: Alphapharm, Bayer, Biomet, Johnson & Johnson, Mayne Pharma Group Limited, Mylan Inc, Orthocell Limited, Sanofi-Aventis and Watson Pharmaceuticals, Inc.
- Insurance and health funds: Cover-More, iSelect and NIB.
- Research institutes and clinical research organisations: Harry Perkins Institute of Medical Research Inc, Linear Clinical Research Limited and PPD.
A representative sample of our experience includes advising:
- The successful Healthscope-led consortium in their bid for the NSW Northern Beaches Hospital PPP.
- Healthscope on its acquisition of Hunter Valley Hospital and the project financing and negotiations with Queensland Health and with a consortium of financiers in relation to the Gold Coast Private Hospital.
- Johnson & Johnson on the $650 million sale of its Tasmanian Alkaloids business to SK Capital.
- Primary Healthcare on the $155 million sale of its GP practice management software business Medical Director to Affinity Equity Partners.
- Crescent Capital Partners on the acquisition of Clinical Laboratories and St John of God Pathology and the sale of National Hearing Care to Ampliphon.
- Healthscope on its $3.6 billion initial public offering and listing on the ASX.
- Pacific Smiles on its $198 million initial public offering.
- Lifehealthcare on its initial public offering.
- iSelect on its $215 million initial public offering.
- Avant on the ACCC’s investigation into alleged anti-competitive conduct by the members of the Department of Anesthesia at St Vincent’s Private Hospital.
- Thermo Fisher Corporation on Australian competition law aspects of its $13.2 billion acquisition of Life Technologies, including negotiation of under takings to divest Australian assets.
- Synthes on Australian and New Zealand competition law and regulatory issues in relation to the US$21.3 billion merger with Johnson & Johnson.
- sanofi-aventis on the competition aspects of its successful $560 million bid for the consumer business of Symbion Health.
- the financiers to the successful consortium’s bid to construct and perform facilities management services for the $630 million New Bendigo Hospital PPP Project in Victoria.
- IronBridge Capital Management on its financing of the acquisition of Southern Cross Dental Laboratories and ongoing commercial contracting advice to Southern Cross Dental Laboratories.
- NSW Health on the Department’s Electronic Health Record Project.
- Nutricia/Danone, managing the entire Australia/New Zealand trade mark portfolio for Danone’s Medical/ Baby Products division.
- Primary Health Care in two Federal Court proceedings to protect brands. We recently won a major trade mark infringement appeal.
- 2015 Infrastructure Partnerships Australia Awards: The Gilbert + Tobin team was awarded the Advisory Excellence Award for work on the Northern Beaches Hospital PPP.