Personally ... I don't believe there will a forced to pay CGT.
Yes, we are waiting for an ATO determination, but that has been the case as well when GXY merged with ORE to form AKE. I believe we will get a determination that CGT can be deferred until a later CGT event ( "scrip for scrip rollover" ). They could not apply for it earlier until after the courts approved the merger.
https://www.ato.gov.au/forms/Guide-...stments_in_shares_and_units#Takeovers_mergers
Best we can do is, search for examples of a merger with a foreign entity where "scrip for scrip rollover" was not granted ?
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New Co Tax implications and Roll-over relief., page-25
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