Doing business in Australia

This section covers:

• Australia’s governments and legal system
• Important regulatory bodies

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This section explains some of the rules governing the foreign investment review screening process in Australia, including:

• Key legislation
• Who is regulated
• Types of transactions that are regulated
• Call in powers
• Last resort review powers
• Thresholds
• Special rules for foreign government investors
• National interest test
• Penalties
• Federal Budget 2026/27 Measures

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For an in-depth overview of FIRB in Australia, read our Foreign Investment in Australia guide; Navigating Australia’s foreign investment regime guide

This section covers the main ways in which a foreign company may conduct business in Australia, including:

• Branch offices
• Establishing a subsidiary
• Other structures

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This section covers acquiring an existing business as part of its entry into Australia, or to expand Australian operations, including:

• Significant thresholds
• Permitted means of acquiring more than 20%

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This section includes key ASIC policies and regulatory guides to help companies, directors and their advisers interpret and comply with the Corporations act, including:

• Director duties
• Protection of minority shareholders
• Financial reporting and access to information
• Dividends and capital management
• Market offences
• ASIC exemptions

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This section covers core disclosure requirements under the Corporations act that are required to allow prospective investors to make an informed decision about their investment, including:

• Disclosure documents
• Common exceptions to disclosure requirements
• Crowd-sourced equity funding (CSEF)

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This section covers entities carrying on a financial services business in Australia and must hold an Australian financial services licence (AFSL), unless an exemption applies, including:

• Licensing requirement
• Financial services and financial products
• Retail vs wholesale
• Foreign financial services providers
• Fintech and Web3

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This section provides an overview of key lending institutions in the Australian financial system and covers:

• Australia's banking system
• Direct lending in Australia

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This section provides an overview of the Australian tax system - known to be one of the most complex in the world - including:

• Income tax
• Indirect taxes
• Other taxes and charges
• Attracting overseas investors
• Federal Budget 2026/27 measures

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This section covers the Competition and Consumer Act 2010 (Cth) (CCA) which is made up of several parts and schedules, each dealing with particular issues or types of conduct relevant to competition or consumer protection law, including:

• Key competition law provisions
• The role of the ACCC under the CCA

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This section covers Australia’s single, national consumer law known as the Australian Consumer Law (ACL), including:

• Misleading or deceptive conduct and unconscionable conduct
• Unfair practices
• Unfair contract terms
• Consumer guarantees
• Warranties against defects
• Unsolicited consumer agreements
• Unfair trading practices
• Enforcement powers
• Remedies
• Penalties

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This section covers Australia’s national employment legislation, known as the Fair Work Act 2009 (Cth) (FW Act), including:

• Fair Work Commission (FWC)
• Modern awards
• Collective bargaining and enterprise agreements
• National Employment Standards (NES)
• General protections
• Termination of employment
• Contractual terms
• Superannuation
• Right to disconnect
• Work health and safety

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This section covers intellectual property rights in Australia which are protected by federal legislation and the common law, including:

• Copyright
• Trade marks
• Patents
• Registered designs
• Confidential information
• Domain names
• Competition and Consumer Act 2010 (Cth) (CCA)

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This section covers environmental protection laws (including management of contaminated land, protection of threatened species, water rights, pollution and waste disposal) and planning laws (regulating land use and development), including:

• Environmental protection laws
• Planning laws
• Federal environmental approvals (EPBC Act)
• Renewable energy and low-emissions investment opportunities

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This section covers core ESG considerations in Australia, including:

• What is ESG and how is it important to investors?
• Mandatory climate related financial disclosure
• Greenwashing
• Director's duties and governance
• Modern slavery compliance
• Nature related risk disclosure

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This section covers the legislative requirements and conventions for the transfer of real property and registration of interests in land, which is specific to each state and territory, including:

• Sale and purchase of property
• Leasing
• Foreign investment approval

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This section covers:

• Native title and the Native Title Act 1993 (Cth)
• Future act processes (right to negotiate, expedited process, notification and consultation)
• Indigenous heritage protection
• Compensation

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This section covers the Anti-money Laundering and Counter-terrorism Financing Act 2006 (Cth) (AML/CTF Act) and its associated regulations and rules, including:

• Anti money laundering and counter terrorism financing legislation
• Corrupt practices legislation

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This section covers the use of “personal information” (personal information) which is principally regulated by the federal Privacy Act 1988 (Privacy Act) in Australia, including:

• Overview of privacy related laws and regulators
• Australian Privacy Principles (APPs)
• Mandatory data breach notification
• Direct marketing and spam
• Do not call

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This section covers:

• Sources of law
• Court system in Australia
• Split legal profession
• Commencement of proceedings
• Court procedure
• Costs
• Production of documents
• Privilege
• Arbitration and mediation
• Other forms of ADR
• Foreign judgments

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