Special Counsel

Nicole Tumiati

Nicole has extensive experience as a corporate lawyer, both in Australia and the United Kingdom.

Nicole has acted on a broad variety of transactions including domestic and cross-border public and private M&A, hostile and recommended takeovers, primary and secondary equity issues, listed retail and wholesale debt fundraisings, as well as advising on consortia and corporate joint venture arrangements. Nicole regularly advises listed companies on their continuing obligations and corporate governance issues.

A technical lawyer who is commercial in outlook, with strong communication and drafting skills, Nicole is highly motivated by the challenges of transactional work. She is adept at managing large transactions with multiple parties and advisors, often from different disciplines and jurisdictions and within tight timeframes.

Expertise

Nicole’s expertise includes:

  • M&A: public and private (recommended and hostile); cross border transactions (including FIRB)
  • Capital markets:  pre-IPO, IPO, secondary raisings and other capital market transactions
  • Private equity: venture capital, private securities issues in Australia, Europe, Asia and the Middle East
  • Projects:  corporate and commercial aspects of infrastructure and construction projects (initial investment and secondary market)
  • Commercial: complex commercial agreements including service agreements, alliance agreements, loans and security arrangements
  • Structuring: structures involving various vehicles (e.g. companies, discretionary and fixed interest trusts, hybrids), including large multi- jurisdictional corporate group restructures
  • Equity incentives: employee share ownership plans including purchase plans, loan plans, salary sacrifice plans, bonus plans, market price option plans and zero exercise price option plans for private, public and ASX listed companies
  • Corporate and compliance: reporting obligations, directors’ duties, continuous disclosure, shareholder disputes, general meetings and other company secretarial matters.

Recent projects

  • Turi Foods on its 50/50 merger with the Australian operations of OSI International Foods.
  • Bureau Veritas S.A in respect of its joint venture with New Zealand state-owned-enterprise AsureQuality and the joint purchase of Dairy Technical Services.
  • Elecnor S.A. on its investment in the 25MW Barcaldine Solar Project and subsequent sale of its interest.
  • Findex Australia Pty Ltd on its $130 million off-market takeover offer for Centric Wealth Limited and KKR’s debt and equity investment in Findex to part fund the takeover.
  • Stonewall Resources Limited (ASX: SWJ) on various equity and debt capital raisings.
  • Hamilton Securities Limited (NSX: HSE) on the $7.8 off‐market takeover offer for the shares in Asset Resolution Limited (ARL) (hostile).
  • A consortium of five leading industry superannuation funds, AustralianSuper, CBUS, MTAA, HESTA and Hostplus, on the $170m sale by the consortium of their interests in Superpartners Pty Ltd (their jointly owned administrator).

    Sector

Partner

Stuart Gibson