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Secondaries touching Australian assets: coordination beats heroic last-mile drafting

14 February 2026
Lemoigne®
Secondaries touching Australian assets: coordination beats heroic last-mile drafting
When a global secondaries process includes an Australian portfolio company, the win is clean handoffs between lead fund counsel, local counsel, and administrators—not a rush of redlines in the final week.

Secondaries and continuation vehicles introduce layered transfer mechanics: LP interests, stapled commitments, and sometimes direct secondaries at the asset level. Australian targets add local law questions around share transfer restrictions, FIRB if control shifts, and tax reporting for vendors.

We are most useful when engaged before the transfer timetable hardens—when there is still room to sequence Australian steps with foreign closings and to align representations across transfer agreements and local law opinions.

The pattern we try to avoid is local counsel appearing only to “bless” documents drafted elsewhere. By then, the negotiation leverage on Australian-specific points is often gone.

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