Foreign Investment

A successful acquisition or investment in a foreign jurisdiction not only requires excellent legal knowledge and technical know-how but also effective partnering with advisers who have the demonstrated expertise to ensure that your commercial objectives are met.

Overview

International clients investing in Australia look to us for guidance in relation to local business conventions and regulation, possible barriers to entry and Australian foreign investment policy. We draw on our relationships with key regulators, and our understanding of their requirements, to minimise the challenges for foreign investors.

Whether investors are seeking to purchase Australian enterprises, shares or real estate, or to set up a new business in Australia, we assist by liaising with government entities and advising on the law and policy applied by the Australian Government.

Through our knowledge of the relevant issues and requirements of regulators such as APRA, ASIC and the ACCC we enable our clients to obtain particular government or regulatory approvals.

We have substantial experience in advising offshore entities on major Australian company and asset acquisitions which have required notification to or approval by the Foreign Investment Review Board. We anticipate foreseeable regulatory hurdles and aim to provide solutions to any obstacles.

As leaders in their field, our legal experts are actively involved in lobbying government to advance Australia's position as a hub for foreign investors, particularly in the financial services sector.


Expertise

We are legal advisers on all aspects of inbound investment including:

  • foreign investment policy
  • FIRB notifications
  • ASIC, APRA and ACCC liaison
  • mergers and acquisitions
  • capital raisings
  • new business start-ups
  • real estate and other asset acquisitions
  • employment and OHS advice.

 

Credentials

  • Advised an Asian-based multi-billion dollar fund on the potential acquisition of BHP's Ravensthorpe mine.
  • Represented a syndicate of offshore funds, principally Asian and US based, on an offer to issue $1billion of secured convertible notes to Oz Minerals.
  • Acted for a UK state-owned enterprise on a transaction including a FIRB application in relation to Western Australian based iron ore assets.
  • Advised Goldman Sachs, an offshore investment bank, on its FIRB application in relation to its acquisition of a substantial shareholding of Apex Minerals, a listed gold mining company in Western Australia.
  • Worked with Industrial and Commercial Bank of China to establish its Australian operations, including obtaining APRA and Australian Financial Services licences, development of its AML/CTF program, privacy policy and other regulatory compliance matters, negotiation of outsourcing arrangements, production of standard banking contracts and disclosure documents and employment and OHS issues.

Publications