Current practice
Tim is a partner in the Corporate group of Freehills with particular expertise in equity capital markets matters acting for both issuers and underwriters / lead managers, managed funds matters and mergers and acquisitions.
Experience
Tim is a partner in the Corporate group of Freehills with particular expertise in equity capital markets matters acting for both issuers and underwriters/lead managers, managed funds matters and mergers and acquisitions.
Tim has acted on initial public offerings, secondary capital raisings (including entitlement offers using accelerated structures and “low doc” offers), hybrid security offers, schemes of arrangement for companies and managed investment schemes and negotiated acquisitions and disposals. Tim’s transaction experience has been in relation to both companies and managed investment schemes.
Tim has provided extensive advice on Corporations Act compliance for companies and managed investment schemes, including in relation to the ASX Listing Rules, directors’ duties, related party transactions, capital reductions, DRPs, security buy backs, corporate governance issues and Australian Financial Services Licensing. Tim has had significant interaction with ASIC and ASX in relation to obtaining waivers and relief to facilitate various transactions.
Tim was named as one of Australia’s best equity capital markets lawyers in the Best Lawyers peer review survey in 2011, 2010 and 2009, is recommended as a ‘Leader in their Field’ by Chambers Global and as a leading individual for Capital Markets in Asia Pacific Legal 500.
Major projects and clients
Projects in which Tim has played a significant role include:
- Living and Leisure Australia Group’s recommended takeover by Merlin Entertainments Group.
- Goodman Fielder’s $259 million accelerated rights issue, which was only the second accelerated rights issue to provide for retail rights trading.
- CFS Retail Property Trust’s $300 million Singapore listed exchangeable bond offer and concurrent buy back of existing exchangeable bonds.
- Archer Capital’s sale of Rebel Group to Super Retail Group.
- Hastie Limited’s recapitalisation and cornerstone investment (acting for Lazard Australia Private Equity, the cornerstone investor).
- Tigers Realm Coal Limited’s initial public offer (acting for Credit Suisse as underwriter).
- Peet Limited’s $50 million offer of ASX listed convertible bonds and share purchase plan (acting for Nab, Evans & Partners and Merrill Lynch).
- Minmetals Resources Limited $C6.3 billion offer for Equinox Minerals Limited, in particular in relation to the proposed issue of Hong Kong listed perpetual subordinated
- Healthscope’s $215 million offer of listed retail notes.
- China Minmetals Non-Ferrous Metals Company Limited sale of various Australian and international mining assets to Minmetals Resources Limited.
- Brookfield Infrastructure’s acquisition of Prime Infrastructure through a scheme of arrangement and concurrent takeover (acting for Prime Infrastructure).
- Orica’s demerger of DuluxGroup through a scheme of arrangement and the listing of DuluxGroup on ASX.
- Macquarie’s sale of the management rights of the Macquarie Office Trust, Macquarie Countrywide Trust, Macquarie Direct Property Fund, Macquarie Martin Place Trust and Macquarie Property Income Fund to Charter Hall.
- OceanaGold Corporation’s $C86 million placement.
- Sandfire Resources $51.6 million placement (acting for Goldman Sachs JBWere).
- Myer Holdings $2.4 billion initial public offer.
- Oceana Gold Corporation $24 million placement.
- Commonwealth Property Office Fund’s $100 million placement and $200 million Singapore listed convertible note offer.
- St Barbara Limited’s $124 million accelerated rights issue.
- AWB Limited’s $459 million combined placement and accelerated rights issue.
- Macquarie’s separation from the Macquarie Infrastructure Group (acting for Macquarie).
- Babcock & Brown Infrastructure’s (now Prime Infrastructure) recapitalisation and cornerstone investment by Brookfield.
- Macquarie’s separation from Macquarie Airports (acting for Macquarie).
- Macquarie Communications Infrastructure Group’s scheme of arrangement in relation to its acquisition by Canada Pension Plan Investment Board.
- OZ Minerals Limited’s sale of assets to China Minmetals.
- St Barbara Limited’s 2009 placement.
- Macquarie Office Trust’ 2009 accelerated rights offer (acting for the joint lead managers).
- Bisalloy Steel Group Limited’s 2008 renounceable rights offer.
- Orica Limited’s 2008 accelerated rights offer.
- St Barbara Limited’s 2008 accelerated rights offer.
- Living and Leisure Australia’s 2008 recapitalisation and rights offer.
- The Babcock & Brown/Singapore Power acquisition of Alinta Limited through a scheme of arrangement.
- Babcock & Brown Infrastructure’s issue of exchangeable preference shares as part of the Alinta scheme.
- Macquarie Communications Infrastructure Group’s acquisition of Global Tower Partners and associated US$200 million Singapore listed exchangeable bond offer.
- CFS Retail Property Trust’s $600 million Singapore listed exchangeable bond offer.
- Macquarie Communications Infrastructure Group’s $625 million placement of ordinary securities and $725 million Singapore listed exchangeable bond offer in relation to its acquisition of interests in National Grid Wireless and Airwave 02.
- Babcock & Brown Wind Partners’ $156 million placement.
- Babcock & Brown Infrastructure’s $422 million placement.
- Paladin Resources US$250 million Singapore listed convertible bond.
- The initial public offer of Babcock & Brown Power.
- HFA Asset Management’s offering of the unlisted HFA Partners Fund, HFA Octane Global Fund, HFA Octane 5 Fund and HFA Alternative Yield Fund.
- Orica Limited’s rights issue and offer of Step-Up Preference Securities to fund its acquisition of interests in Dyno Nobel.
- Snowy Mountains Engineering Corporation’s (SMEC) issue of unlisted convertible notes.
- Babcock & Brown Limited’s three offers of listed subordinated notes.
- Babcock & Brown Japan Property Trust in relation to its initial public offer, accelerated entitlement offer and placements.
- Australian Infrastructure Fund in relation to its entitlement offer to fund its investment in Hochtief AirPort Capital.
- Hastings Diversified Utilities Fund in relation to the issue of TAPS hybrid securities.
- Macquarie Communications Infrastructure Group in relation to its rights offer using a RAPIDS™ offer structure in relation to its acquisition of ntl Broadcast.
- Babcock & Brown Infrastructure in relation to its entitlement offer to fund the acquisition of IEG and in relation to its acquisition of Powerco.
- Promina Group Limited on its $300 million offer of reset preference shares.
- Commonwealth Bank of Australia on its $750 million offer of Perpetual Exchangeable Resettable Listed Securities (PERLS II).
- the initial public offering of Pacific Brands Limited, and
- the initial public offering of Promina Group Limited.
Tim has also acted on numerous capital raisings for all of Australia’s major underwriters.
Professional background
Tim is admitted to practice in Victoria and New South Wales and holds Bachelor of Laws (Honours) and Bachelor of Commerce degrees from the University of Melbourne. Tim has been with Freehills since 1996 and has practised in both the Melbourne and Sydney offices.