As a strong advocate of the dynamic small-mid cap market in Australia, Derek has guided numerous companies, through his "trusted adviser" relationship with entrepreneurs and founders, to successful listings on the Australian Stock Exchange, including ERM Power Limited, Shine Justice Ltd (Shine Lawyers), Superloop Limited, Megaport Limited, Novonix Limited, and State Gas Limited.
In addition, Derek has a particular interest and passion in shareholder activism. He is regularly appointed to act for major shareholders seeking board renewal and strategic change to proactively protect their investments. In that role, Derek’s strategic advice is regularly sought on takeovers panel proceedings.
Clients seek his forensic knowledge and understanding of equity markets and appreciate his strategic and personal approach to every deal. He is known for his ability to be easy to work with, to simplify rather than complicate issues and to be a formidable advocate in hostile or contested corporate actions.
Representative Legal Matters
Prior to joining the Firm, Derek was involved in a number of notable transactions, including the following:
- Acted for the largest shareholder of Intrepid Mines Limited to renew the board of directors and pursue a strategic sale of copper assets, following which, acting for Intrepid Mines Limited, Derek advised on its off-market takeover bid for AIC Resources Limited, a "reverse" takeover under the ASX Listing Rules.
- Acted for Superloop Limited in relation to its AUD 17.5 million IPO in June 2015, with ongoing advice to the company on various capital markets transactions, including a placement and share purchase plan to raise AUD 49.3 million in December 2015, an accelerated non-renounceable rights issue to raise AUD 35.3 million in June 2016, and a placement and accelerated non-renounceable rights issue to raise AUD 30.87 million in February 2019.
- Acted for Vald Performance Pty Ltd on its acquisition of NMP Technologies Limited and NMP Forcedecks Limited (and their neuromuscular performance analysis technology) in July 2018, for which the company was awarded the Sports Technology Awards Deal of the Year, following which Derek also advised on the investment made in Vald Performance Pty Ltd by Queensland Business Development Fund.
- Acted for Flight Centre Travel Group Limited in relation to its issue of unsecured notes under a prospectus in connection with its business ownership scheme.
- Acted for Metro Mining Limited on its contested AUD 50 million off-market takeover bid for Gulf Alumina Limited, including in relation to a takeovers panel application made in connection with the bid, following which Derek advised Metro Mining Limited on a number of subsequent capital raisings to support the development of its Bauxite Hills Mine north of Weipa on Western Cape York, including a placement and non-renounceable entitlement offer to raise AUD 52.4 million in February 2017, a placement to raise AUD 38 million in June 2017, and a placement to raise AUD 17.5 million in June 2018.
- Acted for Round Oak Minerals Pty Ltd (formerly CopperChem Pty Limited), a wholly owned subsidiary of Washington H. Soul Pattinson and Company Limited, on its AUD 73.18 million acquisition of the Jaguar mine in Western Australia, an underground high precious metal mine, from Independence Group NL, which completed in May 2018, before which Derek also advised on its AUD 47.2 million acquisition of the Stockman underground copper-zinc project in northeast Victoria from Independence Group NL, which completed in December 2017.
- Acted for State Gas Limited on its AUD 5.25 million IPO in October 2017, which saw the company become the first east coast gas developer/explorer to debut on ASX in more than a decade (since Pure Energy Resources in 2006).
- Acted for Megaport Limited on its AUD 25 million IPO in December 2015, with ongoing advice to the company on various capital markets transactions, including a placement and share purchase plan to raise AUD 60 million (and concurrent AUD 25 million founder sell-down) in March 2018, and a placement and share purchase plan to raise AUD 60 million (and concurrent AUD 20 million founder sell-down) in March 2019.
- Acted for Shine Justice Ltd (Shine Lawyers) on its AUD 45 million IPO in May 2013, following which Derek has also advised the company in relation to a number of subsequent capital raisings, numerous acquisitions, and corporate governance matters.
- Acted for QGC Pty Limited (formerly Queensland Gas Company Limited) in the largest takeover bid ever in Queensland, after an AUD 5.6 billion acquisition by way of on-market takeover bid by BG Group plc.