Mallesons has a highly developed, long established foreign investment practice, which is widely recognised as one of the foremost foreign investment practices in Australia.
We have extensive knowledge and experience in advising on the operation of Australia’s foreign investment regime comprising the Foreign Acquisitions and Takeovers Act 1975, the Foreign Acquisition and Takeovers Regulations, and Australia’s Foreign Investment Policy. We also advise on other Commonwealth legislation that impacts foreign investment including the Financial Sector (Shareholdings) Act 1998 and Airports Act 1996
Mallesons has been sought out and actively involved in advising on Australia’s foreign investment process for many high profile acquisitions. We have also prepared and managed the applications for approval of many company and business acquisitions, sale and purchase of property and annual programme approvals and investments by foreign entities across a wide range of industry sectors.
At Mallesons, we have a unique understanding of the issues and sensitivities surrounding foreign investment and in particular issues faced by proposals involving foreign government agencies including sovereign wealth funds.
Our foreign investment team deals on a daily basis with the Federal Treasury. Being based in Canberra, the team is often involved in direct negotiations with the Federal Treasury’s Foreign Investment and Trade Policy Division on a face-to-face basis to facilitate the process of obtaining “FIRB Approval” for foreign acquisitions and investments.
As well as advising clients and facilitating the application for approval of their investments, we also assist with clients’ structuring of acquisitions so as to meet the requirements of the foreign investment regime. Our Canberra team works closely with our M&A, Funds, Banking and Finance and Property teams throughout our Australian and international offices to ensure the foreign investment approval component of each major transaction is smoothly and efficiently addressed.