After a pandemic affected 2020, Australian and global markets bounced back strongly in 2021. M&A records were smashed as companies adapted to new ways of working and investors continued to benefit from low interest rates and easy access to capital. In Australia, the frenzied M&A market was driven by strong demand in the technology and healthcare sectors, in many cases resulting in sky-high valuations. 

Our 2021 report closely analyses 94 completed private M&A transactions that Norton Rose Fulbright Australia has acted on during the calendar year and is intended to provide an empirical benchmark of Australian market practice for key private M&A negotiation points. 

Key features infographic

 

This report covers:

  

Key Features

  • Warranty & indemnity insurance
  • Foreign buyers
  • Target industries
  • Business v share sale
  • Form of payment
  • Post-completion adjustments
  • Locked box
  • Earn out

Conditionality

  • Material adverse change
  • Regulatory approval condition
  • Other common conditions
  • Warranties and liability limitations
  • Monetary liability cap on warranty
  • Limitation of liability – time limits
  • Limitation of liability – buyer knowledge
  • Limitation of liability - disclosure
  • Warranties qualified by public searches
  • Restraints

 

Read the full report

Deal Protection

  • Deposit
  • Break fees
  • Guarantees

 

M&A trends to look out for in 2022

  • Divestures, demergers – a focus on core capabilities
  • Supply chain
  • Digital transformation
  • Spotlight on ESG
 

 



Contacts

Jeremy Wickens
Jeremy Wickens
Partner
Email
jeremy.wickens@nortonrosefulbright.com
T: +61 3 8686 6730
Bryan Pointon
Bryan Pointon
Senior Consultant
Email
bryan.pointon@nortonrosefulbright.com
T: +61 2 9330 8233

Practice areas:

Recent publications

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Asia M&A trends: Future outlook

Whilst global M&A rose in deal value terms in 2024, both deal values and volumes fell in most parts of Asia.

Asia | January 29, 2025

Corporate, M&A and securities
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M&A in the banking sector: Key themes for 2025

Many commentators speculate that 2025 will see a rebound in the overall volume, if not value, of bank deals.

Global | January 29, 2025

Corporate, M&A and securities
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M&A Outlook 2025

Following a fairly subdued period of M&A activity over the past couple of years, does the recent uptick in activity mean we have we finally turned the highly anticipated corner and can we now see a brighter future for M&A in 2025?

Global | January 29, 2025

Corporate, M&A and securities
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