Private Equity

Greenwoods & Herbert Smith Freehills has a team of tax specialists that have a deep understanding of private equity structures and transactions. Our experience covers all aspects of private equity investment including:

  • Fund establishment
  • Tax structuring advice
  • Tax due diligence
  • Negotiation of share sale agreements
  • Structuring of management incentive plans    

Members of Greenwoods’ private equity team have presented at numerous Tax Institute conferences and published articles with The Australian Private Equity & Venture Capital Association Limited (AVCAL) in respect of the taxation of private equity.

We are regularly involved in advising on major Australian private equity transactions.

Private Equity Transactions

Allegro: Sale of The Ghan and Indian Pacific Rail

Greenwoods & Herbert Smith Freehills advised Allegro Funds on the sale of its 70% holding in Great Southern Rail.

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Scape: student accommodation projects

Greenwoods & Herbert Smith Freehills advised private equity firm, Telopea Capital, in relation to the acquisition of two prime sites by Scape Student Living, in which it is a significant investor.

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L Capital: Acquisition of stake in RM Williams

Greenwoods & Herbert Smith Freehills advised L Capital on its acquisition of a 49.9% stake in R. M. Williams in April 2013.

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Private Equity Publications

10 Apr 2019  |  Tax Brief  |  Energy & Resources  |  Corporate and Mergers & Acquisitions  |  International  |  Private Equity

Resource Capital Fund case again: Two steps forward, one step back in Full Federal Court

The Resource Capital group of funds is doing its best to clarify Australian domestic tax law and tax treaty treatment of private equity purchases and sales of Australian mining companies through limited partnerships. Its latest foray into the Full Federal Court represents an advance in resolving the difficult technical and practical issues that arise, but there are also unresolved issues that require prompt action to bring the ongoing uncertainty in this area to an end.

Tax Brief - Resource Capital Fund case again - Two steps forward, one step back in Full Federal Court - 10 April 2019.pdf (308 kb)

20 Feb 2019  |  External Publications  |  Corporate and Mergers & Acquisitions  |  Private Equity

Taxing private trusts - a moving target

The Tax Institute of Australia has published a feature article by Cameron Blackwood, Graeme Cooper and Andrew White on taxing private trusts.

Taxing private trusts - A moving target - Taxation in Australia.pdf (629 kb)

13 Aug 2018  |  Riposte  |  Real Estate  |  Private Equity  |  Private Wealth

Tax Law Bites Trust Law on Franking Credits

The High Court of Australia has restored sanity in a long running saga in which a trustee purported to separate franking credits from the underlying dividends in allocations to beneficiaries. The court held (as the parties now accepted) that this was not possible and that a contrary decision of the Supreme Court of Queensland in its trusts jurisdiction to which the Commissioner of Taxation was not party did not bind the Commissioner.

13 Aug 2018  |  Riposte  |  Financial Services  |  Private Equity  |  Private Wealth

Tax Law Bites Trust Law on Franking Credits

The High Court of Australia has restored sanity in a long running saga in which a trustee purported to separate franking credits from the underlying dividends in allocations to beneficiaries. The Court held (as the parties now accepted) that this was not possible and that a contrary decision of the Supreme Court of Queensland in its trusts jurisdiction to which the Commissioner of Taxation was not party did not bind the Commissioner.

13 May 2016  |  Riposte  |  Private Equity

Startup funding

Can Australian startups use convertible notes to bridge the funding drought before 1 July? Director Toby Eggleston tackles this question in a post that previously appeared on medium.com.

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Private Equity team

Toby Eggleston

Director

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Cameron Blackwood

Director

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Aldrin De Zilva

Director, Head of Projects & Infrastructure

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Richard Hendriks

Director, Head of Corporate and M&A

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Sue Ann Khoo

Director

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