Kam focuses on private equity, private companies looking to conduct a sale process, listed companies, designing shareholder and investor arrangements, government privatisations and demergers / spin-outs.
Kam has had deep experience on cross border transactions, particularly involving US acquirers, having advised on Newcrest on the scrip acquisition by NYSE-listed Newmont, Amcor’s redomiciliation and listing on the NYSE, BHP-Woodside as it complied with US registration statement rules, as well as a number of US acquirers of private Australian companies. As a result of this experience, Kam has a working knowledge of the key US rules and implications for Australian companies undertaking transactions with a US focus.
Kam specialises in:
- complex and novel M&A situations, particular in schemes of arrangement for listed companies;
- formulating strategies to maximise outcomes in auctions and sale processes (whether for bidders or sellers); and
- advising both private equity and founders when partnering with one another.
Recently, Legal500 identified Kam as a Key Lawyer for mergers & acquisitions at Herbert Smith Freehills, where he was described as “an excellent lawyer who has a good commercial understanding of client objectives. He can manage complex cross jurisdictional matters and delivers excellent and timely advice. Always on top of the detail and can provide succinct high quality legal work.”
Kam is particularly well suited to working with:
- large corporates on matters requiring the management of multiple internal stakeholders and corporate functions;
- financial sponsors that benefit from his commercial and financial acumen;
- founders and private companies that are seeking to run competitive sale processes; and
- boards of listed targets requiring strategic public M&A advice.
Kam works closely with private equity that partners with founders and managers, as well as with private companies preparing for and maximising the outcomes of their sale processes.
Kam has a double degrees Bachelor of Laws (honours) / Bachelor of Commerce (Accounting / Finance) from the University of Melbourne. Kam has been admitted to practice in Victoria since April 2009.
Kam has also spent time working as an Investment Banker with Goldman Sachs in the Industrials team.
Experience & expertise
- Newcrest’s recommended $26 billion merger with NYSE-listed Newmont, the third largest public company M&A transaction in Australian corporate history.
- BHP on its US$21 billion sale of BHP Petroleum to Woodside for scrip consideration that was simultaneously distributed to BHP shareholders by way of an in specie dividend – the first transaction of its kind globally
- Crown Resorts on the $9.8 billion takeover by Blackstone by way of scheme of arrangement
- BHP on the unification of its dual listed company structure by way of UK scheme of arrangement
- BGH Capital on its roll-up of various cyber security and cloud service providers through CyberCX
- BGH Capital on its investment in the Laurent bakery business
- BGH Capital on the take private of Village Roadshow by scheme of arrangement, partnering with the founding family and involving contingent consideration
- Afterpay on its collaboration with Westpac Banking Corporation to establish Money by Afterpay
- ASX listed Amcor’s US$17 billion merger with NYSE listed Bemis Company Inc and redomiciliation by way of scheme of arrangement
- BHP’s competitive sale process for its onshore US oil and gas assets and eventual US$10.5 billion sale to BP
- managing Swisse Wellness’s highly competitive sale process and eventual A$1.9 billion sale to Biostime International
- advising the Boards of a range of listed targets including:
- The Reject Shop on takeover defence in respect of the hostile bid by a subsidiary of Kin Group
- Pacific Brands on the acquisition by Hansbrands Inc, valued at ~A1.1 billion
- UXC on the scheme of arrangement proposed by Computer Sciences Corporation, valued at ~$500 million
- Private Equity firm, TPG Capital’s, A$880 million acquisition of Ingham Enterprises
- multiple mid-market acquisitions for private equity firm, Advent Partners, in various sectors
- a number of demergers / spin-outs, including:
- BHP Billiton’s complex restructure and demerger of South32, valued at ~$13 billion
- Iluka’s assessment of the demerger of its MAC Royalty interest
- acting for bidders on various government privatisations, including:
- the winning consortium for the A$9.7 billion State of Victoria’s Port of Melbourne privatisation
- the winning consortium for the A$16.2 billion State of New South Wales’ Ausgrid electricity distribution network privatisation