Monday, 24 September 2018
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Robert Kerr
Telephone +61 2 8915 1064
Facsimile +61 2 8916 2000
Email Robert
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Clients trust me with their strategic projects in the areas of M&A (including private share and asset sales and acquisitions, private equity transactions, public mergers & acquisitions, debt and equity funding and capital markets transactions), commercial negotiations, and advising on corporate and governance issues.

 

I work across a spectrum of industries, including technology, media, infrastructure, real estate, financial services and insurance, government, mining and resources, sport, pharmaceuticals, agriculture, consumer goods and food manufacturing.

 

Clients value me for being accessible, efficient, commercial, giving them ongoing visibility on costs, and being easy to work with.  

 

Given that cyber security is now mission-critical for all businesses, I established and lead the Addisons cyber and data security practice. Addisons participates in an innovative alliance with technical and crisis management experts to deliver a holistic cyber security solution, suitable for businesses of all sizes.

 

Qualifications

LLB (Hon) - University of Sydney

 

BEcon/BSoSc - University of Sydney

 

Latest Knowledge
Should you be checking your termination benefit approvals?
21 September 2018
A recent unreported decision of the NSW Supreme Court should have executives rushing to their lawyers to check that their entitlements on retirement or termination from office have been properly approved by shareholders. It is not enough that shareholders have been told about an executive’s termination benefits and then given some general approval to them. For termination benefits approval to be effective, requirements as to both form and substance need to be strictly observed.
MORE INFORMATION
Australia - Parallel imports and exhaustion of trade mark rights
21 September 2018
The Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 (Cth) (Act) was assented to on 24 August 2018. Among other changes, it amends the Copyright Act 1968 (Cth) (Copyright Act) and the Trade Marks Act 1995 (Cth) (Trade Marks Act) to clarify the circumstances in which the parallel importation of trade marked goods does not infringe a registered trade mark.
MORE INFORMATION
Interim Heritage Orders - when can they be made and what effect do they have on development
21 August 2018
Landowners, developers and purchasers of property need to be aware of the increased use by many Sydney councils of their power to make an interim heritage order (IHO) over an item that the council considers may, on further inquiry or investigation, be found to be of local heritage significance, and is being or is likely to be harmed. The effect of the making of an IHO over a property can and often does restrict and limit development plans for the property.3
MORE INFORMATION

My experience includes:

 

  • investment analysis and structuring, including developing ownership, investment and divestment structures, long term lease structures, partnerships, joint ventures and investment consortium structures;
  • private business and asset sales and acquisitions, IPO and capital restructures of listed entities, schemes of arrangement and takeovers, debt and equity funding;
  • competitive bid and auction processes;
  • management of large-scale due diligence and business review exercises;
  • interacting with regulators and obtaining regulatory approvals;
  • contributing to policy debates;
  • conducting cross-border transactions;
  • corporate issues for companies and company groups; and
  • general commercial contracts, including media and sports rights, commercial supply and outsourcing arrangements.
 

Qualifications

LLB (Hon) - University of Sydney

 

BEcon/BSoSc - University of Sydney

 

Latest Knowledge
Should you be checking your termination benefit approvals?
21 September 2018
A recent unreported decision of the NSW Supreme Court should have executives rushing to their lawyers to check that their entitlements on retirement or termination from office have been properly approved by shareholders. It is not enough that shareholders have been told about an executive’s termination benefits and then given some general approval to them. For termination benefits approval to be effective, requirements as to both form and substance need to be strictly observed.
MORE INFORMATION
Australia - Parallel imports and exhaustion of trade mark rights
21 September 2018
The Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 (Cth) (Act) was assented to on 24 August 2018. Among other changes, it amends the Copyright Act 1968 (Cth) (Copyright Act) and the Trade Marks Act 1995 (Cth) (Trade Marks Act) to clarify the circumstances in which the parallel importation of trade marked goods does not infringe a registered trade mark.
MORE INFORMATION
Interim Heritage Orders - when can they be made and what effect do they have on development
21 August 2018
Landowners, developers and purchasers of property need to be aware of the increased use by many Sydney councils of their power to make an interim heritage order (IHO) over an item that the council considers may, on further inquiry or investigation, be found to be of local heritage significance, and is being or is likely to be harmed. The effect of the making of an IHO over a property can and often does restrict and limit development plans for the property.3
MORE INFORMATION
Foxtel
Acting as Foxtel’s key legal adviser on the 2011 AFL deal. Robert worked closely with Foxtel in formulating its bidding and negotiating strategy and played a central role in drafting and negotiating the transaction documents.
View Full Case Study
Association of Surfing Professionals
Acting for the Association of Surfing Professionals (now known as the World Surf League) for a number of years. Robert negotiated various rights deals and led multi-party negotiations between the ASP and Nike, Billabong, Quicksilver and Rip Curl regarding the structuring of event licences and grants of media rights for the World Surfing Tour for 2009 – 2018.
View Full Case Study
Foxtel
Advising Foxtel on its $2.4 billion acquisition of Austar, including successfully negotiating Foxtel’s section 87B undertakings to the ACCC. This involved extensive drafting of content distribution rights and negotiating those rights with the ACCC for more than a year.
View Full Case Study
Foxtel
As a trusted adviser to Foxtel, Robert worked closely with Foxtel's leadership team on an ongoing basis, regularly acting as part of teams working on commercial and corporate projects.
View Full Case Study
 

Qualifications

LLB (Hon) - University of Sydney

 

BEcon/BSoSc - University of Sydney

 

Latest Knowledge
Should you be checking your termination benefit approvals?
21 September 2018
A recent unreported decision of the NSW Supreme Court should have executives rushing to their lawyers to check that their entitlements on retirement or termination from office have been properly approved by shareholders. It is not enough that shareholders have been told about an executive’s termination benefits and then given some general approval to them. For termination benefits approval to be effective, requirements as to both form and substance need to be strictly observed.
MORE INFORMATION
Australia - Parallel imports and exhaustion of trade mark rights
21 September 2018
The Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 (Cth) (Act) was assented to on 24 August 2018. Among other changes, it amends the Copyright Act 1968 (Cth) (Copyright Act) and the Trade Marks Act 1995 (Cth) (Trade Marks Act) to clarify the circumstances in which the parallel importation of trade marked goods does not infringe a registered trade mark.
MORE INFORMATION
Interim Heritage Orders - when can they be made and what effect do they have on development
21 August 2018
Landowners, developers and purchasers of property need to be aware of the increased use by many Sydney councils of their power to make an interim heritage order (IHO) over an item that the council considers may, on further inquiry or investigation, be found to be of local heritage significance, and is being or is likely to be harmed. The effect of the making of an IHO over a property can and often does restrict and limit development plans for the property.3
MORE INFORMATION
Spending money on cyber security? A filing cabinet could bring your business undone.
1/2/2018
Cyber security strategies are, of course, focused on digital information. However, a recent discovery of government filing cabinets by a second-hand purchaser emphasises the need for a holistic approach to information security.
View Full Focus Paper
Everyone is talking about cyber security but what should I actually do?
20/4/2017
The ASX released its much anticipated ASX 100 Cyber Health Check Report today, 20 April 2017.
View Full Focus Paper
Data Breach Notification to become Mandatory in Australia
13/2/2017
Australia’s long-awaited data breach notification legislation has today been passed by the Senate. To date in Australia, it has not been mandatory to give notice about data breaches to individuals affected by the breach or to the Australian Information Commissioner.
View Full Focus Paper
Cyber security: Directors have a crucial role to play
8/12/2016
Cyber risk poses an unprecedented threat to businesses. The multitude of issues facing boards in the cyber security space is growing, and ignorance is no longer an excuse.
View Full Focus Paper
Mariner Decision Will Not Affect Takeover Bid Funding Strategy
6/7/2015
Australian Securities and Investments Commission vs Mariner Corporation Limited [2015] FCA 589. This case relates to a hostile takeover bid in 2012 that was ultimately withdrawn during proceedings before the Takeovers Panel.
View Full Focus Paper
 

Qualifications

LLB (Hon) - University of Sydney

 

BEcon/BSoSc - University of Sydney

 

Latest Knowledge
Should you be checking your termination benefit approvals?
21 September 2018
A recent unreported decision of the NSW Supreme Court should have executives rushing to their lawyers to check that their entitlements on retirement or termination from office have been properly approved by shareholders. It is not enough that shareholders have been told about an executive’s termination benefits and then given some general approval to them. For termination benefits approval to be effective, requirements as to both form and substance need to be strictly observed.
MORE INFORMATION
Australia - Parallel imports and exhaustion of trade mark rights
21 September 2018
The Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 (Cth) (Act) was assented to on 24 August 2018. Among other changes, it amends the Copyright Act 1968 (Cth) (Copyright Act) and the Trade Marks Act 1995 (Cth) (Trade Marks Act) to clarify the circumstances in which the parallel importation of trade marked goods does not infringe a registered trade mark.
MORE INFORMATION
Interim Heritage Orders - when can they be made and what effect do they have on development
21 August 2018
Landowners, developers and purchasers of property need to be aware of the increased use by many Sydney councils of their power to make an interim heritage order (IHO) over an item that the council considers may, on further inquiry or investigation, be found to be of local heritage significance, and is being or is likely to be harmed. The effect of the making of an IHO over a property can and often does restrict and limit development plans for the property.3
MORE INFORMATION