Stay in the know
Receive timely insights and briefings from HSF Kramer, tailored to keep you informed and ahead
Subscribe now
16 Jul 2026
Insight
Australia
Deal Talk is presented by our market‑leading corporate team. It focuses on complex transactions, and the deals, decisions and forces shaping M&A in Australia and globally.
The series delivers clear, practical insight on how deals are structured, negotiated and completed in today’s market, drawing on real transactions and current developments.
Designed for boards, executives and deal teams looking for informed perspectives from advisers at the centre of the market.
Latest episode
Episode 6: The cost of disclosure: what the Dexus case means for dealmakers
In this episode of Deal Talk, partners Kam Jamshidi and Nicole Pedler examine the Dexus vs Australia Pacific Airports Corporation litigation, which has firmly brought into focus how divesting parties manage confidentiality obligations in a sale process.
Analysing the key lessons from Justice Hammerschlag's judgment in the NSW Supreme Court, Kam and Nicole work through the key issues arising from the case, including:
- The scale of disclosure and why the nature of the recipients made the breach so serious
- Why Justice Hammerschlag found the breach to be both material and irremediable, and what the breakdown of trust and confidence between joint venture parties means in practice
- The role of the board in issuing the default notice and the drafting considerations that flow from that; and
- The practical lessons for transactors, from coding for exit at the joint venture formation stage, to applying more staged, carefully controlled information disclosure in sale processes
All episodes
Key contacts
Mia Harrison-Kelf
Partner, Sydney
Jason Jordan
Partner, Melbourne
Simon Walker
Partner, Melbourne
Li-Lian Yeo
Partner, Sydney
Kam Jamshidi
Partner, Sydney
Legal Notice
The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
© Herbert Smith Freehills Kramer 2026