The Corporations Act requires an expert to express the opinion using particular language depending on the type of transaction. For example:So it looks as if we can toss aside the "fair and reasonable" and concentrate on in "the best interests of the members of the company".
(a) whether a takeover bid is ‘fair and reasonable’ under s640;
(b) whether a scheme of arrangement is in ‘the best interests of the members of the company’ under sch 8, cl 8303 of the Corporations Regulations; and
(c) whether the proposed terms in the buy-out or acquisition notice give a ‘fair value’ for the securities under s667A(1).
How the expert is able to identify what constitutes the best interest of every shareholder is beyond me, maybe because I am not an expert.