
Ben Smits
Biography
Ben Smits is a corporate transactional lawyer based in Sydney. His focus is on complex, cross-border and domestic acquisitions, mergers, financings, divestments and corporate restructures.
He has a particular interest leading private equity buyouts and exits; infrastructure and energy (particularly renewable projects) and technology driven transactions.
Ben regularly advises clients on corporate law aspects of commercial negotiation and strategy, due diligence, corporate finance, foreign investment regulation / FIRB, fund establishment, restructuring, corporate governance and advisory, general commercial, corporate and employment matters, private investment and intellectual property commercialisation.
Ben is recognised by his clients and peers as a leading Australian transactional lawyer in external directories. Praise for Ben includes “quality of work and service”, “very responsive…understands our business" and “hard-working, proactive and a good negotiator”. Clients further note his ability to "absorb everything, reflect on things and deliver good advice."
Professional experience
Representative experience
Representative experience
Technology based transactions
- Morgan Stanley on the divestment of Shareworks Australia to Boardroom
- Sonic Healthcare investment into Harrison ai
- Technology Crossover Venture on its investments into Siteminder and Employment Hero
- Tidemark Capital on its investment into Nexl
- Audinate on its acquisition of Iris Studio
- Establishment of Bonza Airlines backed by 777 Capital
- Upland Software on its acquisition of the Australian assets of Adestra and acquisition of Panviva
- Francisco Partners on its investment into online retailer Pet Circle
- Ai-Media acquisitions of Caption IT, ACS and EEG Enterprises
- Sunrise Medical on the acquisitions of Concourse Golf and Magic Mobility
- BluJay Solutions Software on its acquisition of Expedient Software and sale to E2open
- ICM/Allectus Capital on the disposal of PinPayments sale to Checkout.com
- ICM/Allectus Capital on its disposal of Vix Verify to GB Group
- Goldman Sachs on its acquisition of marine electronics group Navico
- Medibank on the divestment of its workplace health services / clinics, telehealth services and travel health services / clinics businesses
- Future Now Ventures on its investment into and exit from NowInfinity
- Australian PE fund on day surgery rollup
- Sale of Avoka Technology to Temenos
- Anacacia on investment in Muir, marine engineering group
- Retail Finance Intelligence on its investment by Diversis Capital
- Invoice2Go in respect of its investment by Accel
- Altus Group on its acquisitions of Estate Master and Bay Partnership.
- Avoka on its cornerstone investment by a Moelis led consortium
- Visual Risk on its divestment to Mainsail Partners backed GTreasury
- PurpleBricks on the establishment of its Australian online realty business
- Columbia Capital on its Cloud Sherpas rollup
- Macquarie on its investment into Mathletics
- Oasis Active on its merger with Fairfax owned RSVP dating website
Real property based transactions
- Consortium consisting of Australian superannuation fund UniSuper, the UK’s Pension Protection Fund, and APG Asset Management N.V on behalf of its Dutch pension fund client ABP, on the acquisition of Forico and a 170,000-hectare plantation forestry estate in Tasmania, held by a New Forests managed fund
- Malaysian pension fund Kumpulan Wang Persaraan (KWAP) investment into LOGOS managed platform
- Haben on its on acquisition of Forest Hill Chase shopping centre from Blackstone
- ESR on its rooftop solar venture with Solar Bay
- LOGOS Property on its establishment, logistic property funds and ventures
- NRMA on its simultaneous acquisition of 30 tourist parks owned by the ATPM Group
- MUFG Bank, United Overseas Bank and Morgan Stanley as lending syndicate on Blackstone’s acquisition of Dexus portfolio holding from GIC
- Gaw Capital on its renewable energy platform with Maoneng
- Ord Minnett investment into Australian Unity aged care venture
- Stafford Timberland on the establishment of several of its many forestry fund-of-funds and also forestry acquisitions, divestments and investments made by those funds
- AGL on its development and divestment of the Hallett 5 Wind Farm and Meridian’s sell down of the Macarthur Wind Farm and on its operations at the Torrens Island power station
- Resource Management Service, LLC on the competitive tender sale of its Tasmanian hardwood plantations to investment funds advised by Global Forest Partners LP of Lebanon, New Hampshire
- United Green acquisition of Rodds Bay Solar Farm from Renew Estate
- Genex (ASX:GNX) on its acquisition of the Jemalong Solar Farm from Vast Solar
- United Green on the acquisition of the Rodds Bay Solar Farm
- University of Wollongong on its Innovation Campus Health and Wellbeing Precinct Development
- Qube Logistics in respect of its acquisition and development of Australian intermodal terminals
- Denham Capital on its acquisition of Enersis/NPP wind portfolio through OneWind and its investments in Fotowatio Renewable Ventures (and disposal of FRV) and Auctus Minerals
- RES (UK) on its development and divestment of the Taralga Wind Farm and in respect of its interests in the Ararat wind farm
- Boer Power on its acquisition of the Aramara Solar Farm in Queensland from Eco Energy World
- Akuo Energy on its acquisition of a New South Wales wind farm
Other notable recent transactions
- Egis acquisition of Calibre Professional Services
- Danfoss on its acquisition of Eaton Hydraulics
- McLarens and Halliwell on their acquisitions of Greg Kelly & Associates, Roberts International Insurance, IMPARTA Engineers and de Chateau Chun
- GHD on its corporate affairs and on the establishment of the GHD Foundation
- Qualitas Health acquisition of Primary Care Clinics owned by Zenitas
Admissions
Admissions
- Supreme Court of NSW
- High Court of Australia
Languages
Languages
- English