Lavan Legal’s approach to private equity investment is a multi-faceted one, drawing on experience from our Corporate, Commercial, Banking and Finance and Property Services Teams.
We are able to deal with both the complexities and variety of transactions involved in private equity deals including:
- early and expansion stage capital investments, including venture capital;
- exit strategies involving trade sales, IPOs and sales to management;
- leveraged buy-out, management buy-out and management buy-in;
- private equity fundraising and management;
- limited partnership agreements;
- leveraged acquisition finance; and
- management participation plans.
Lavan Legal has specific expertise in the following areas:
- marshalling of private equity into tax effective structures including investment by superannuation funds;
- structuring the management of the vehicle including the structuring of incentives for managers and other consultants;
- pre-emptive rights within the vehicle;
- structuring the harnessing of private equity to allow for possible divestments of participants or entry of new participants;
- corporate law considerations in relation to pooling of investment funds most notably managed investment schemes;
- identifying tax benefits in assets being acquired and tax issues such as the thin capitalisation rules;
- structuring the transfer of offshore monies by offshore investors including the repatriation of profits; and
- Foreign Investment Review Board considerations.
We are well recognised in Western Australia for our work in mergers and acquisitions and offer advanced tax planning and structuring support. Our advice is commercial, practical and outcomes focused. We structure our advice on the basis of our clients' business needs, tailoring solutions on a case by case basis.
Principals of the firm have acted as legal advisers in relation to a number of private equity transactions including:
acting on the management buyout / private equity acquisition of TSMarine;
acting for Schutz DSL Group Pty Ltd (formerly DSL Group Pty Ltd), a market leading Australian industrial packaging company, in relation to the private equity investment by Carnegie Wylie in that company and the subsequent private equity exit as part of the acquisition by Schutz Gmbh of a majority equity stake in the company;
acting for Bristile Limited in relation to the acquisition by CVC of Wesfi Limited, an ASX listed company operating primarily in the MDF industry, pursuant to a simultaneous share acquisition agreement with Bristile Limited and scheme of arrangement with the remaining shareholders of Wesfi Limited;
acting for Quickflix Limited in relation to the investment by private equity owned Video Ezy in Quickflix Limited prior to the IPO of Quickflix Limited;
structuring private equity arrangements for substantial real estate assets including Floreat Forum Shopping centre valued at $100 million;
acted for ANZ private equity in its acquisition of the ASH Group;
acted for CHAMP Ventures and Foundation Capital in the venture capital / management buy-out of Kailis and France Foods;
acting for the external administrators of the Croesus Group of Companies. The matter included advising on the raising of private equity as part of the re-capitalisation of the listed parent, as well as the placement of shares and convertible notes to private and institutional investors as part of the AIM re-listing of the purchaser’s ultimate parent, Davos Resources plc (now known as Norseman Gold plc); and
- advising Australasian Property Investments Pty Ltd, a significant manager of property syndicates in WA, on various acquisitions including:
- Subiaco Square;
- Joondalup and Canning Vale Macro warehouse sites;
- 2 Kings Park Road, West Perth;
- Holyrood Street, Subiaco;
- The White Sands Hotel site in Scarborough;
- 10 Kings Park Road, West Perth; and
- 130 Royal Street, East Perth.