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Malcolm Lum

Senior Associate
+61.3.9205.2093
Fax +61.3.9205.2055

Mr. Lum is a corporate lawyer with experience in mergers and acquisitions. He has a particular focus on equity capital markets.

Mr. Lum has acted for a broad range of corporate clients in a variety of industries including, the biotechnology, health care, technology, fintech (including Blockchain technology and Bitcoins), medical device, agriculture, mineral resources, finance, entertainment, manufacturing and consumer products sectors. He has experience in public capital markets including, initial public offerings (IPOs), Australian Securities Exchange (ASX) listings, rights issues, placements, share purchase plans and other capital raisings, takeovers, schemes of arrangements and mergers.

He also advises on private equity market transactions including, private company capital raisings, mergers and acquisitions, option arrangements and shareholder agreements.

Professional Background

Prior to joining K&L Gates, Mr. Lum worked as an analyst at a 'big four' Australian bank in Melbourne for a number of years, gaining practical commercial experience in finance, project management, business process reengineering, and risk management.

  • Acting for sellers in the AUD$20 million sale of Techsafe Australia Pty Ltd (and Techsafe Management Ltd) – the largest independent electrical inspection company in Australia to ASX listed company Service Stream Ltd. 
  • Acting on IPO and ASX Listing for Wattle Health Australia Ltd, a company which develops, sources and markets high quality Australian made consumer food products.
  • Acting on Genetic Technologies Ltd's AUD$8.1M capital raising by issuing American Depository Shares (ADS) listed on the NASDAQ to professional and sophisticated investors in the United States. 
  • Acting Senior Legal Counsel at listed company, Melbourne IT, advising on the following three contemporaneous transactions: the acquisition of InfoReady (a leading data and analytics provider for the enterprise and government market), the sale of its International Domain Name Business, and its successful oversubscribed AUD$15M capital raising via an underwritten institutional placement. 
  • Advising ASX listed entity Vision Eye Institute Limited on its purchase of a majority stake in Vision Centre Day Surgery Pty Ltd, which operates a day surgery. 
  • Advising Capitol Health Limited on corporate and ASX Listing matters in relation to its AUD$50 million senior unsecured note issue to refinance their existing senior secured debt and general corporate purposes. 
  • Acting on IPO and ASX Listing for digital health company Adherium Ltd. Adherium is a global leader in digital health technologies which address sub-optimal medication use in chronic disease. 
  • Acting on IPO and ASX Listing of Paradigm Biopharmaceutical Ltd. Paradigm is an Australian biopharmaceutical company focused on repurposing the drug PPS for the treatment of bone marrow edema. 
  • Acting on Prima BioMed Ltd's AUD$15 million capital raising via a private placement and convertible note to Ridgeback Capital Investments - a large US-based specialist healthcare investor run by Wayne Holman, who is widely regarded as one of the world’s pre-eminent biotech investors. 
  • Acting on behalf of Gtech International Resources Ltd on its acquisition of leading health care company Simavita Holdings Ltd (Simavita) by way of a regulated scheme of arrangement, together with a AUD$15 million capital raising by Simavita. Following the completion of the merger, the newly combined Simavita then undertook a second capital raising and CHESS Depositary Interest (CDI) IPO to establish a dual TSX Venture Exchange and ASX listed entity. 
  • Acting on behalf of Mesoblast Ltd's US$170 million U.S. (144a) and UK (Reg S) wholesale capital raising in February 2013 – one of the largest early stage life sciences raisings worldwide in 2012/13 involving two international brokers across three time zones and completed over a 48 hour trading halt.
  • Acting on the US$2.05 billion transaction, involving the US$350 million acquisition of 20% stake in Mesoblast Ltd and US$1.7 billion strategic alliance/milestone payments with U.S. listed Cephalon Inc. (now Teva Pharmaceutical Industries Ltd). 
  • Acting on IPO and ASX Listing for gold focused mining company, Octagonal Resources Ltd, including the acquisition of the shares in three Victorian mining companies and the mining rights and tenement of a mining company based in Western Australia. 
  • Acting for iCeutica Inc in its proposed Australian CDI IPO listing and subsequent takeover by Iroko Pharmaceuticals Inc. 
  • Acting in the Scheme of Arrangement for Keycorp Limited. 
  • Acting on the takeover of Outotec Oyj by Ausmelt. 
  • Acting in the merger of Australian listed company Mesoblast Limited with U.S. entity Angioblast Systems, Inc. 
  • Acting on a NASDAQ American Depository Receipts (ADR) Listing for Genetic Technologies Ltd. 
  • Acting in the project management of due diligence, restructuring and prospectus drafting for several companies in preparation for IPO / CDI IPO listings / ADR listings/backdoor listings.
  • Advising private and public companies on various matters including placements, rights issues, share purchase plans, meeting documents, share buy-backs, options, and other capital raisings. 
  • Advising domestic and international clients on the acquisition of businesses, and negotiating commercial and legal issues, due diligence and drafting various corporate agreements. 
  • Advising on compliance advice for a number of ASX listed companies and underwriters on various capital raisings, corporate governance, employee share plans, takeovers/schemes of arrangement, mergers and other regulatory issues.