Important update

The Panel's remade Procedural Rules and accompanying Procedural Guidelines are now in effect and will apply in respect of all applications made on or after 1 April 2021.

Please note that the Panel is currently updating its website, including to ensure that the information aligns with the remade Procedural Rules and Procedural Guidelines. The Panel’s online system for lodging applications (as contemplated in the Procedural Guidelines) is currently unavailable. Applications to the Panel should continue to be sent by email to the Panel executive at takeovers@takeovers.gov.au.

 

 

The Panel is a peer review body that regulates corporate control transactions in widely held Australian entities, primarily by the efficient, effective and speedy resolution of takeover disputes.

Certainly, it was open to the Federal Parliament to conclude that the nature of takeovers disputes was such that they required, ordinarily, prompt resolution by decision-makers who enjoyed substantial commercial experience and could look not only at the letter of the Corporations Act but also at its spirit, and reach outcomes according to considerations of practicality, policy, economic impact, commercial and market factors and the public interest.

Kirby J in Attorney-General of the Commonwealth of Australia v Alinta Limited & Ors [2008] HCA 2 (31 January 2008) at [45].