Mallesons Stephen Jaques

Professional biography

Malcolm is a special counsel in our Canberra office where he specialises in advising clients on Australia's foreign investment regime. He is an expert in the application of the Foreign Acquisitions and Takeovers Act 1975 and Australia's Foreign Investment Policy and the impact these have on proposed investments into Australia.

He has advised on the application of Australia's foreign investment policy in relation to many major transactions and developments. As a result of his wide experience he has a unique understanding of the issues and sensitivities surrounding foreign investment.

Through his work, Malcolm deals daily with officers of the Foreign Investment and Trade Policy Division of the Federal Treasury in respect to all matters that require foreign investment notification including:

  • company and business acquisitions

  • sale and purchase of property and off the plan approvals

  • foreign government including sovereign wealth fund proposals.

He also advises offshore investors in their obligations under Australia's Financial Sector (Shareholdings) Act 1998 and other legislation impacting foreign investment including the Airports Act 1996 and aviation legislation.

Malcolm advises on the structuring of proposals to meet the application of the foreign investment regime. He prepares the required application documents and notices and manages the matter through the assessment process including, where necessary, meeting with senior Treasury officials. These proposals include takeovers (such as the 2006-2007 Qantas proposal), structured financing (for onshore and offshore financial institutions), and construction, infrastructure and development projects for major Australian and international developers.

 
Malcolm Brennan

T +61 2 6217 6054
F +61 2 6217 6999
M 0417 290 705

Areas of expertise