Michael Van Der Ende is a senior associate in our Corporate Practice Group, advising clients on a wide range of corporate transactions, focusing on mergers and acquisitions and capital markets.

    Michael has corporate experience advising listed and unlisted corporations in connection with domestic and cross-border takeovers and schemes of arrangement, corporate restructures and reorganisations, and private mergers and acquisitions transactions. He has also advised on a range of resources matters, including mining project acquisitions and disposals and joint ventures.

    Michael also has capital markets experience advising in relation to initial public offerings, rights issues, placements and corporate bonds.

    In addition to Michael’s transactional experience, he has advised a wide range of clients in relation to corporate governance and regulatory matters, including compliance with the Corporations Act 2001, ASX Listing Rules and Australia’s foreign investment policy, as well as proceedings in the Takeovers Panel.

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    Mergers and Acquisitions

    • Acted for TSX-listed Detour Gold Corporation in relation to its CA$4.9 billion (AU$5.5 billion) merger with TSX-, NYSX- and ASX-listed Kirkland Lake Gold Ltd, effected via a plan of arrangement in Canada.
    • Acted for the government of the Republic of Fiji in relation to the divestment of 20% of the issued capital of Energy Fiji Limited, which valued the public electricity utility at an enterprise value of FJD$1.3 billion (AU$870 million).
    • Acted for a Chinese industrial conglomerate in relation to the acquisition of a substantial minority equity position in the vehicle involved in the US$2.25 billion (AU$2.9 billion) acquisition of Australian coal assets.
    • Acted for ASX, AIM and JSE listed Coal of Africa Limited (now MC Mining Limited) on its AU$126.4 million (£60 million) recommended takeover offer for ASX-listed Universal Coal plc, made through a combined scrip and cash consideration, with a loan note alternative.
    • Acted for ASX-, AIM- and JSE-listed Coal of Africa Limited (now MC Mining Limited) on its AU$27 million acquisition of the Uitkomst Colliery from Pan African Resources Plc and related AU$17 million financing transactions.
    • Acted for ASX-listed Golden Cross Resources in relation to the AU$8.3 million takeover offer made by HQ Mining Resources Holding Pty Ltd.

    Equity Capital Markets

    • Acted for Delaware incorporated Sezzle Inc. in relation to its US$5.6 million pre-IPO capital raising via the issue of convertible notes, AU$43.6 million initial public offer undertaken outside the US in reliance on Regulation S and AU$217 million listing on ASX.
    • Acted for the government of the Republic of Fiji in relation to the corporatisation of the Fijian public electricity utility, Energy Fiji Limited, and the public offer of non-voting shares representing 5% of the company’s issued capital to a broad base of Fijian citizens.
    • Acted for ASX-listed Amani Gold Limited on a US$25 million capital raising with a Hong Kong company, Luck Winner Investment Limited, involving a staged subscription for shares and options.
    • Acted for ASX listed Eastern Goldfields Limited on its AU$25 million placement.
    • Acted for Deutsche Bank-backed fund Cove House on its AU$93 million recapitalisation of ASX-listed Compass Resources Limited via cross-border convertible note investment, debt acquisition, debt restructure and acquisition from Hunan Nonferrous Metals Corporation of a 50% interest in the Browns Joint Venture.
    • Acted for ASX-listed Eastern Goldfields Limited on a capital raising and debt restructure in connection with the re-quotation of the company’s securities on the ASX.

    Debt Capital Markets

    • Acted for Norwegian investment bank, Pareto Securities, as manager and bookrunner in relation to the US$100 million bond offering completed by ASX-listed Pilbara Minerals Limited.

    General Corporate Advisory

    • Acted for ITOCHU Corporation and its subsidiary Itochu Minerals & Energy of Australia Pty Limited in relation to state agreements affecting their iron ore joint ventures in Western Australia with BHP and Mitsui.
    • Acted for ITOCHU Corporation of Japan and its subsidiary Itochu Minerals & Energy of Australia Pty Limited in relation to state agreements affecting their iron ore joint ventures in Western Australia.
    • Acted for ASX-listed Samson Oil and Gas Limited in connection with the US$33.5 million refinancing of the existing debt facility of its wholly owned subsidiary, Samson Oil and Gas USA, Inc.
    • Acted for an Australia medical technologies company in connection with its re-domiciliation to the US.
    • Acted for a range of companies in relation to members’ meetings, employee share schemes, Takeovers Panel proceedings and corporate governance and regulatory matters, including compliance with the Corporations Act 2001, ASX Listing Rules and Foreign Acquisitions and Takeovers Act.

    Education

    • The University of Melbourne, Master of Commercial Law, 2017
    • College of Law Western Australia, Graduate Diploma of Legal Practice, 2016
    • University of Western Australia, LL.B., (Honours), 2014
    • University of Western Australia, B.Ec., 2014

    Admissions

    • Supreme Court of Western Australia, 2016

    Languages

    • English

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    • Author, “Getting the Deal Through – Corporate Governance – Australia”, Law Business Research Ltd, 2018.
    • Author, “The Mining Law Review – Capital Markets – Australian Chapter”, Law Business Research Ltd, 2017, 2018.
    • Author, “Dispute Boards in Public Private Partnerships: Best Practice or an Impossible Dream?” Building and Construction Law Journal, 2016. (Recipient of a High Commendation in Society of Construction Law’s 2016 Brooking Prize.)

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