Unit of study_

LAWS6008: Takeovers and Reconstructions Law

2026 unit information

This unit of study considers corporate control transactions focusing on the Australian law and regulatory policies governing ‘Takeovers’ under the Corporations Act 2001 (Cth) and those governing ‘Mergers’ under the Competition and Consumer Act 2010 (Cth). We examine the requirements for a successful acquisition by a bidder of the issued securities of a target company so as to achieve various levels of control ranging from 20% ownership to 100% ownership and the strategies for implementing particular control transactions and anticipated synergies. We consider regulated Takeover bids under Chapter 6 of the Corporations Act and the impact of Chapters 6A, 6B and 6C of the Act on the bid process as well as noting available alternatives to a regulated bid, including the Scheme of Arrangement and other legislative procedures such as selective reductions of capital and share buy-backs. We also view corporate control transactions from the perspective of the target company, considering the defensive measures available to it and how the law and regulatory policy impose constraints on the use of defensive strategies. Finally, we examine the prohibition under Part IV of the Competition and Consumer Act on Mergers that would result in a substantial lessening of competition in any market and the procedure for authorisations and notifications of proposed Mergers under Part VII of the Act. In considering these aspects, we review the respective roles of the Australian Securities and Investments Commission (ASIC) and the Takeovers Panel (ATP) as well as the Australian Competition and Consumer Commission (ACCC), the Foreign Investment Review Board (FIRB) and the Courts. Refer to the Sydney Law School timetable - https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-lecture-timetable

Unit details and rules

Managing faculty or University school:

Sydney Law School

Study level Postgraduate
Academic unit Law
Credit points 6
Prerequisites:
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None
Corequisites:
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None
Prohibitions:
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None
Assumed knowledge:
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None

At the completion of this unit, you should be able to:

  • LO1. Develop an advanced and integrated understanding of a complex body of knowledge and technical skills in relation to M&A Law and Practice: Specialised knowledge regarding statutory and general law, regulatory guidance and policy concerning corporate control transactions in Australia, with emphasis on the acquisition of shares by takeover bid under Chapter 6 of the Corporations Act 2001 (Cth) and on restructuring by scheme of arrangement under that Act, having particular regard to the work of the Australian Securities and Investments Commission and the Australian Takeovers Panel.
  • LO2. Specialised cognitive and technical skills regarding M & A Law and Practice, in order to provide a sound foundation for independent analysis, research and effective communication as follows: Critically analyse, reflect on and synthesise complex information, problems, concepts and theories regarding corporate control transactions, and developing inventive solutions to the practical problems that arise in corporate control transactions;
  • LO3. Research and apply ideas regarding the regulation of corporate control transactions;
  • LO4. Interpret and communicate knowledge, skills and ideas concerning M&A Law and Practice to specialist and non-specialist audiences (including business and lay audiences); and
  • LO5. Apply knowledge and skills acquired regarding M&A Law and Practice to demonstrate autonomous expert judgment, adaptability and responsibility in professional practice and in further learning.
  • LO6. Integrate the principles and values of justice and ethical practice in lawyers’ roles concerning M & A Law and Practice, and in the goals and policies that underlie the system of regulation of corporate control transactions.

Unit availability

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There are no availabilities for this year.
Session MoA ?  Location Outline ? 
Semester 1 2026
Normal evening Camperdown/Darlington, Sydney
Outline unavailable
Session MoA ?  Location Outline ? 
Semester 1 2020
Normal evening Castlereagh St, Sydney
Semester 1 2022
Normal evening Remote
Semester 1 2024
Normal evening Castlereagh St, Sydney

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Modes of attendance (MoA)

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