"Australia is open for business”; a common sentiment expressed by the Federal Government. But with foreign investment subject to review to determine whether it is “in the national interest”, investors need to be aware of the raft of considerations that could significantly change or disrupt a deal. 40% of deals completed during 2014/15 had conditions applied by the Foreign Investment Review Board (FIRB). It pays to get the right advice about investing into Australia.
Proposals from foreign investors are reviewed on a case-by-case basis by the FIRB. This is a complex area of law: FIRB and the Federal Treasurer – who, after advice from the FIRB, has the ultimate power to determine whether the investment is in the national interest – have yet to explicitly define what “in the national interest” means for those buying and selling companies with Australian assets. Having an adviser who understands the Australian foreign investment framework and the local political climate can significantly smooth the process. HDY’s team of professionals has managed FIRB negotiations for clients both looking to invest in Australia, and local entities fielding interest from overseas buyers. Avoid the serious consequences of incorrectly applying the complex and numerous layers of conditions, thresholds, and exemptions by contacting one of our experts today.
How we can help
HDY’s core expertise is in advising foreign companies, investment funds and foreign government entities on their proposed investments in Australia.
We regularly assist our clients to navigate the complexities of the Australian foreign investment framework to determine whether the transaction is subject to notification to the FIRB, prepare the notification on our clients’ behalf and manage subsequent negotiations to ensure the best outcomes for our clients in what can be significant and high profile deals.