The following sets out a summary of how an application can be made to the Panel. Potential applicants should refer to the Panel's Procedural Rules and Guidelines before making an application to the Panel.
Form
While an application under section 657C (for a declaration or an order) or section 657EA (for a review of a Panel decision) does not need to be in a particular form, the Panel has approved a pro-forma application in respect of an application under section 657C and a pro-forma application in respect of an application under section 657EA to aid an applicant in preparing an application. Please refer to the Pro-formas page for further information.
Even though there is no obligation to follow the pro-forma applications, the Panel’s Procedural Rules 2020 specify that certain information must be included in an application. Applicants should take care to ensure that an application complies with the information requirements, including the prescribed page limits (where submissions in support of an application are made) and providing the required accompanying documentation (such as a Notice to Become a Party). The specific information requirements are set out in in the Panel’s Procedural Rules 2020, see:
- Rule 12(1) in respect of an application under section 657C for a declaration or an order
- Rule 13(1) in respect of an application under section 656A for a review of a decision of ASIC
- Rule 14(1) in respect of an application under section 657EA for a review of a Panel decision
If an application does not comply with the relevant rule above, the Panel (or before the Panel is appointed, the President), may require that the applicant provide an amended application that does comply1 .
The Panel’s Procedural Guidelines also provide further information on additional information that applicants are encouraged to provide in their application (where possible). Such additional information is not mandatory but will assist the Panel with their consideration of the application. Please refer to guidelines 3.5-3.7 of the Panel’s Procedural Guidelines for further information.
Application fee
Under the Corporations (Fees) Act 2001 (Cth) and Corporations (Fees) Regulations 2001 (Cth), a fee of A$2,400 is payable on an application to the Panel.
Applicants will be issued an invoice with electronic funds transfer and credit card payment options.
Making an application
The Panel’s preference is for an application to be provided through the Panel’s online system. Please refer to the online application form page.
If the Panel’s online system is unavailable, an application must be sent to the Panel Executive by email at takeovers@takeovers.gov.au.
An applicant should also contact the Panel Executive as soon as possible after it sends an application to confirm that it has been received by the Panel Executive.
In making an application (whether through the Panel’s online system or by email to the Panel Executive), a Microsoft Office word version (.doc or .docx) of the application should be included where possible.
A copy of the application must also be provided to other persons as set out in rules 10(3), (4) and (5) of the Panel’s Procedural Rules 2020, including to ASIC by email to AsicTakeoverMatters@asic.gov.au (or to relevant ASIC action officers, if identified). The applicant must use reasonable endeavours to provide such persons with a copy of the application.
- 1See rules 12(3), 13(4) and 14(4) of the Panel’s Procedural Rules 2020