HOW WE CAN HELP
Australia’s foreign investment rules are notoriously complex, with several variables, such as the nature and country of origin of the investor, the investment structure, whether the transaction is onshore or offshore, the type of transaction and the industry sector. All of these combine to dictate whether the transaction is caught by Australia’s foreign investment rules and if so, whether the approval is mandatory or voluntary only. Our foreign investment lawyers turn this complex web of regulation into plain English.
Our services
- Determine whether approval is required or is advisable.
- Identify the risks inherent in a transaction from the government’s perspective, address those proactively in the application and understand the impact on other government processes, such as merger clearance.
- Navigate the application process.
- Negotiate conditions and change of control consents from government agencies that may be required as a prerequisite to receiving approvals.
Over the years, we have made numerous submissions on changes to the Foreign Acquisitions and Takeovers Act and the Foreign Acquisitions and Takeovers Regulations, including working with several industry bodies, and were instrumental in obtaining regulatory changes, such as the business exemption certificate. One of our partners actively engages with the Law Council’s Foreign Investment Committee, contributing to numerous submissions, and we have authored publications including our guide on foreign investment and the Australian chapters in Getting the Deal Through – Foreign Investment and the Global Competition Review’s forthcoming publication on foreign investment.
The transactional focus of our corporate practice has led to a wealth of experience in managing foreign investment applications, providing us with deep insights into not only the statutory text but also the practical application by the Foreign Investment Review Board (FIRB). This includes an understanding of FIRB's perspectives on various transactions and the intricate details of the review process.
In connection with foreign investment approvals required for both direct and indirect acquisitions of Australian businesses.
In connection with its acquisition of a telecommunications company with Australian Government contracts.
On compliance with its parent entity’s foreign investment approval.
Dual listing on the Hong Kong Stock Exchange, allowing numerous Chinese foreign government investors to be allocated shares.
Foreign investment approval for the $16 billion sale of Carlton & United Breweries to Asahi (the largest M&A transaction in Australia in 2019).
Foreign investment approval for a renewable exemption certificate, which was the first of its kind in Australia.
Foreign investment approval for the US$600 million sale of its sexual wellness business to Humanwell Healthcare (Group) Co., Ltd. and CITIC Capital China Partners III, L.P.
Disposal of its agricultural properties, water entitlements and associated agribusinesses at Jemalong, Forbes and Merrowie, Hillston.
On its aborted $14.4 billion bid for Santos Limited.
