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The Takeovers Panel is the primary forum for resolving disputes in takeovers in Australia.1   The Panel is a peer review body, comprised of part-time members appointed from the active members of Australia's takeovers and business communities.  The Panel seeks to decide disputes in a speedy manner by focusing primarily on commercial and policy issues. 

Certainly, it was open to the Federal Parliament to conclude that the nature of takeovers disputes was such that they required, ordinarily, prompt resolution by decision-makers who enjoyed substantial commercial experience and could look not only at the letter of the Corporations Act but also at its spirit, and reach outcomes according to considerations of practicality, policy, economic impact, commercial and market factors and the public interest.

Kirby J in Attorney-General of the Commonwealth of Australia v Alinta Limited & Ors [2008] HCA 2 (31 January 2008) at [45].

  • 1Under section 659B of the Corporations Act, private parties to a takeover no longer have the right to commence civil litigation, or seek injunctive relief from the courts in relation to a takeover, while the takeover is current