Mergers & Acquisitions

Cross Border Investment

Navigating Global Capital with Confidence

In a volatile and unpredictable geopolitical framework, foreign direct investment in Australia is shaped by an evolving concept of national security concerns and heightened scrutiny. Success requires more than technical compliance, it demands strategic judgment, global awareness and local certainty.

Clients trust us where the stakes are highest and time-critical, when political sensitivity, timing pressure and commercial complexity converge. Mallesons’ dedicated Foreign Direct Investment team is uniquely positioned to guide clients (both sell and buy-side) from an upfront strategy through to approvals and divestment.

Global perspectives, grounded in Local Insight

We operate at the intersection of global capital flows and Australia’s regulatory frameworks, delivering:

  • An integrated, single desk team – spanning Competition/Anti-trust, Export Controls, Foreign Direct Investment and Tax. Ensuring seamless advice across structuring, financing, negotiation, approvals and execution
  • More than 75 years combined Foreign Investment Review Board (FIRB) and national security expertise – navigating evolving policy, regulation and political impacts with precision
  • First choice for complex and sensitive mandates - on transactions where competition, national interest and geopolitical risk converge
  • Real-time policy insight – informed by active engagement with government, regulators and industry
  • Commercially driven advice – balancing regulatory outcomes with deal certainty, timing and value

Our single, integrated team ensures clients receive consistent, strategic advice across jurisdictions, anchored in deep local regulatory realities, focused on getting deals done.

Our Expertise in Mergers & Acquisitions
Explore All Expertise
Industry Recognition
  • Spotlight, Foreign Investment
    Chambers and Partners, 2026
Testimonials
  • The team is regularly called upon by a broad range of clients to advise on the FIRB approval aspects of high value cross border mergers and acquisitions. The firm is able to provide in-depth insights as it boasts former case officers from the Foreign Investment Division among its team members” (1 of 3 firms recognised as leaders in their field)
    Chambers & Partners, 2026
  • Very experienced in handling different types of cross-border deals involving complicated transaction structures; they certainly do well advising Chinese clients on overseas matters.”
    Chambers Asia Pacific 2026

Doing Business - Guide to Doing Business in Australia

Doing Business - Guide to Doing Business in Australia

Your essential resource for investing and undertaking business operations in the Australian market.

 

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Investing Down Under 2025

Investing Down Under 2025

In our 2025 guide for global real estate investors, we canvas the initial legal, taxation and structuring points you may need to consider when investing in Australian real estate assets.

 

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Latest Thinking

Publication

It's Public

Welcome to It's Public. Your go-to publication and podcast for Australian public M&A.

27 July 2026

Insight

Back, but selective: global and cross-border M&A

If you had to sum up the global M&A market in mid-2026 in a single phrase, it would be ‘back, but selective’.

27 July 2026

Insight

Despite geopolitical volatility, dealmakers keep moving

If the first half of 2026 was expected to be defined by geopolitical uncertainty, the Australian M&A market told a different story.

27 July 2026

Publication

Doing Business - Mallesons’ Guide to Doing Business in Australia

Doing Business - Mallesons’ 2026 guide to doing business in Australia - is your essential resource for investing and undertaking business operations in the Australian market.

30 April 2026

Insight

AI data centres in Australia: breaking down barriers to investment

AI data centres in Australia: breaking down barriers to investment

29 April 2026

Insight

Dealmaking: the new cartography

Geopolitics has transformed dealmaking, shaping and influencing transactions. Deals are now as much a reflection of political geography as they are a business opportunity.

12 March 2026

Insight

Business leaders reveal their next direction

Australian directors and senior business leaders have spoken in this year’s KWM Directions 2025 Report: Stepping Up To The Productivity Challenge – our essential guide to what is ‘top of mind’ in boardrooms across the country.

12 December 2025

Publication

OnBoard December 2025

Leading market insights purposefully curated for directors, general counsel and company secretaries.

12 December 2025

Publication

DealTrends

Welcome to KWM’s DealTrends in FY24 and FY25, our annual market report on Australian Private M&A deals between 1 July 2023 and 30 June 2025.

11 December 2025

Insight

Australia's AI Plan: Where is Australia going with AI?

We map the key elements in the Australia Government's National AI Plan.

05 December 2025

Insight

Back to the future: the re-emergence of the golden share

And like Marty McFly – golden shares are back conferring on governments rights about strategic matters, including the identity of future owners.

11 November 2025

Insight

It's Public: November 2025

Welcome to the third edition of It’s Public, your go-to publication and podcast for Australian Public M&A.

11 November 2025

Insight

FIRB / ACCC: Approval pathways converge

FIRB recently announced policy changes to streamline its application process and reduce regulatory duplication, requiring applicants to disclose information about competitive overlaps between merger parties.

21 October 2025

Insight

Navigating Australia’s evolving M&A regulatory landscape: a strategic playbook for financial sponsors

It will not have escaped those participating in Australia’s M&A ecosystem that the regulatory burden has evolved substantially, particularly over the last 5 to 10 years. The days of a single relatively administrative filing obligation, and possibly a couple of informal chats with industry and market regulators to confirm positions, have for most participants long disappeared. Today, the M&A regulatory framework is significantly more complex and dynamic. For those participating, it now offers less upfront clarity, takes longer and costs more to navigate.

15 August 2025

Insight

Updates to the Annual CIRMP Report webform

Responsible entities who are submitting their 2025 Critical Infrastructure Risk Management Program (CIRMP) report should be aware that the form was updated by the Critical Infrastructure Security Centre (CISC) in April this year.

24 July 2025

Insight

Enforcement starts now: Grace period for defence export controls is over

Significant and wide-ranging changes to Australia’s defence export controls regime were introduced in September 2024.

08 May 2025

Insight

Conditionally yours: tackling FIRB uncertainty in foreign bids

Tectonic shifts in the global order are seeing security and economic considerations collide. While nations like Australia will proclaim to be ‘open for business’ and welcoming of foreign investment, actions speak loudly.

25 March 2025

Insight

CISC is consulting on rules to be made under Omnibus Cyber Security and Critical Infrastructure Package

The Cyber and Infrastructure Security Centre (CISC) is consulting on proposed new rules to support the implementation of the Government’s recently assented Omnibus Cyber Security and Critical Infrastructure Package. Consultation closes on 14 February 2025.

24 January 2025

Insight

‘The great wait’ - How will the upcoming federal election impact your FIRB application?

With another Federal Election looming on the horizon in 2025, we are expecting that the processing time of FIRB applications will be impacted, potentially (with other factors considered) even up to mid-2025.

10 December 2024

Insight

First CIRMP annual reports under the SOCI Act - due soon

Responsible entities who are subject to the Security of Critical Infrastructure (Critical infrastructure risk management program) Rules (LIN 23/006) 2023 (CIRMP Rules) are required to submit their first annual report within 90 days of the end of the financial year (by 28 September 2024). Responsible entities should now be taking steps to prepare the annual report to ensure it is ready to submit by the deadline.

10 July 2024

Publication

KWM's Guide to Doing Business in Australia 2024

KWM’s Guide to Doing Business in Australia is your essential companion to unlocking Asia Pacific growth and innovation opportunities.

10 May 2024

Insight

Strengthening and streamlining Australia’s FIRB muscle: making foreign investments work harder

For years Australia has been adding layer upon layer of complex foreign investment rules and powers.

01 May 2024

Insight

Australia’s Foreign Investment Regime and Critical Minerals – “major overhaul” to be announced today by the Treasurer

As the global energy transition continues to develop, change is on the horizon. Global critical mineral supply and demand, technological development, and the clean energy transition will continue to drive investment as government and industry stakeholders look for opportunities.

01 May 2024

Insight

The Dispatch - March 2024

We’re excited to bring you the first edition of The Dispatch for 2024 with a renewed focus on celebrating your teams and clients transaction wins.

26 March 2024

Insight

Investing in Australia? Here’s what you need to know about Australian FDI in 2024

The new year brings another evolution of the FIRB landscape. It is well known that the FIRB landscape is constantly shifting in open and not so open ways.

15 February 2024

Insight

FIRB fee reductions: a boost for investment in build-to-rent

Just in time for Christmas, the Australian Treasurer announced a welcome change to the treatment of build-to-rent (BTR) projects under the foreign investment regime.

12 January 2024

Insight

Register of Foreign Ownership of Australian Assets

Just when you thought the FIRB regime could not get more complex. Foreign investors in Australia will need to be prepared for new registration obligations under Australia’s foreign investment regime. The Register of Foreign Ownership of Australian Assets (New Register) is expected to start operating on 1 July 2023.

23 March 2023

Publication

M&A in the City 2023

Coming into 2023, macro-economic headwinds - inflation, rising interest rates, and unrest overseas – are still lingering from the previous year. Will we see a renewed surge of M&A activity, will the market remain as is, or will we return to pre-2021 deal activity (or worse)? It’s anyone’s guess.

16 February 2023

Insight

The Dispatch: November 2022

Your regular wrap up of transactions and market insights.

30 November 2022

Insight

Should we lock them up? The Australian government’s 2022 list of critical technologies in the national interest

On 22 August the Federal Department of Industry and Resources (DISR) released a Consultation Paper setting out an updated list of current and emerging technologies that have the capacity to significantly enhance or pose risk to Australia’s national interest over the next decade (the List of Critical Technologies).

12 September 2022

Insight

The new Aged Care Bill passes – Reform of substance has arrived

On 2 August 2022, the Aged Care and Other Legislation Amendment (Royal Commission Response) Bill 2022 was passed (Aged Care Bill), introducing important regulatory changes to Australia’s aged care sector. The Bill makes numerous legislative amendments, including to the Aged Care Act 1997 (Cth) (Aged Care Act) and the Aged Care (Transitional Provisions) Act 1997 (Cth) (Transitional Provisions Act), and responds to various recommendations made by the Royal Commission into Aged Care Quality and Safety (Royal Commission) Final Report (Report). The Report identified the provision of substandard aged care services and perceived systemic failures in the aged care sector.[1]

08 August 2022

Insight

FIRB filing fees to double on 29 July 2022

If you are considering a transaction that may require a no objection notification from the Australian Treasurer (FIRB approval), contact your FIRB adviser to discuss your options and the timing.

22 July 2022

Insight

Significant Changes to the Merger Filing Thresholds in China

China’s Anti-Monopoly Law (AML) was enacted in 2008 and has remained largely unchanged until 24 June 2022 when a first amendment was introduced.

06 July 2022

Insight

Foreign investment in critical minerals - is FIRB really worried?

They can be - let us explain.

05 July 2022

Insight

Post-election update: changes in the health sector

In this alert, we look at key changes we can expect in the health sector following the election of a Labor Government.

26 May 2022

Insight

Federal Budget 2022-23: International

A key platform of the Budget is attracting migrant labour to cover skill shortages arising from the COVID-19 pandemic. The Budget seeks to achieve this by relaxing certain work restrictions for a range of visas and increasing country caps for work and holiday visas. The Government has also announced measures to promote inbound investment by reducing regulatory burdens for investors under Australia’s foreign investment framework. Much needed support to the tourism sector has also been announced.

29 March 2022

Insight

The Dispatch: February 2022

Welcome to the first Dispatch for 2022. While at this point in the year there aren’t (yet) many transactions to announce, everyone is naturally eager to understand how the markets are shaping up.

24 February 2022

Insight

Imported hybrid mismatch rule: Limited clarifications provided in final ATO guidance

Written by Jason Barnes, Sylvester Urban and Jack Anderson.

13 January 2022

Insight

Report from Project Atom – Australia’s wholesale CBDC experiment – released

Through examining both the CBDC and its use, Project Atom demonstrates the potential to improve operational efficiency, risk management and innovation in wholesale funding.

08 December 2021

Insight

Indonesia’s Harmonized Tax Law: A new tax regime for a modern world

Written by Greg Protektor, Azlan Mohamed Noh and Olivia Freeman.

25 October 2021

Insight

ACCC merger reforms: more revolution than evolution

The ACCC has just unveiled its long-awaited merger reform proposals. The economic impact of the proposals should not be underestimated, and needs to be fully tested before the debate takes a life of its own.

27 August 2021

Insight

What's the deal with merger reform? A deep dive into the perceived problem and possible solutions

Update: On 27 August, the ACCC unveiled its merger reform proposals. Read our latest report.

24 August 2021

Insight

China's Carbon Goals

China is poised to rollout a new national emissions trading scheme market demonstrating that China is committed to becoming a global leader in climate mitigation and renewable energy technologies. China's national strategy is to achieve peak levels by 2030 and carbon neutrality by 2060 (the "3060 Target"). This represents a myriad of opportunities for non-Chinese businesses to invest and trade in the renewable energy and green finance sectors.

03 June 2021

Insight

Coming on strong: ATO requires strong measures to obtain CRS self-certifications

Written by Sylvester Urban and Nelson Phan.

17 May 2021

Insight

First Japan Investment Treaty Claim Renewable Energy Disputes In Asia

Written by Edwina Kwan, Amanda Lees, Patric McGonigal and Nick Horton

05 May 2021

Insight

China’s digital RMB – is your business ready?

China's launch of a central bank digital currency (CBDC) has become a question of when and not if. The more important question for businesses is: how do I get ready for a digital RMB? After all, digitising the currency of the world's most populous nation and second largest economy may well be one of the most important changes to the financial system since China invented paper money more than one thousand years ago. In this article, we unpack the key aspects of China's CBDC from an onshore and offshore perspective as it continues to unfold, and provide insight into the key issues to consider in engaging with this refreshed and reimagined currency infrastructure.

27 April 2021

Insight

Imported hybrid mismatch rule: Commissioner releases much anticipated guidance

This article was written by Jason Barnes, Sylvester Urban and Jack Anderson.

23 April 2021

Insight

China’s 14th Five-Year Plan — Key takeaways for financial services

This article was written by Stella Wang, Anne-Marie Neagle and Andrew Fei.

22 March 2021

Insight

Updates for State of Emergency in Myanmar

This article was written by Michael Lawson, Su Meng, Aaron Wolfson and David Phua.

01 March 2021

Publication

M&A in the City

As we face into 2021 with optimism, caution and in some respects battle hardened, we don't want to forget what 2020 taught us.

25 February 2021

Insight

China’s 14th Five-Year Plan: a blueprint for growth in complex times

This article was written by David Olsson.

09 February 2021

Insight

Briefing note for state of emergency in Myanmar

This article was written by Michael Lawson, Daisy Mallett, Su Meng and David Phua.

05 February 2021

Insight

Pre-COVID FIRB Thresholds to be Reinstated on 1 January 2021

This article was written by Malcolm Brennan, Caitlin Rodgers, Katie Haywood and Lily Shen.

11 December 2020

Insight

To stub or not to stub? ASIC hands down its view

This article was written by Mark McNamara, Lee Horan and Genovieve Lajeunesse.

19 October 2020

Insight

Major reforms to Australia’s foreign investment framework coming in 2021: Are we ‘paying’ too much for the national security fortress?

This article was written by Intan Eow & Malcolm Brennan.

02 October 2020

Insight

ACCC releases Murray-Darling Basin inquiry interim report

This article was written by Simon Cooke and Jeremy Tan.

06 August 2020

Insight

Government moves to restrict inappropriate Foreign Interference in Australian Universities

This article was written by Malcolm Brennan, Stephen Mason and Caitlin Rogers.

18 November 2019

Insight

Picking the lock(-up) – the contest for Pacific Energy

This article was written by Heath Lewis, David Friedlander and Gemma McMahon.

11 November 2019

Insight

APRA Capability Review June 2019 | More Experienced, Tougher And Transparent

This article was written by Sarah Yu.

09 August 2019

Insight

ACCC To Examine The Murray Darling Basin Water Markets

This article was written by Simon Cooke and Sharon Henrick.

09 August 2019

Publication

From Farm to Table: Guide to investing in Australian food & agribusiness

Food & agribusiness represents a key sector in Australia's economy, with over 100 years of innovation and productivity gains underpinning its continuing strength as a major driver of economic activity.

25 June 2019

Insight

New requirement for foreign purchases of agricultural land

This article was written by Malcolm Brennan, Katherine Yang and Caitlin Rodgers.

02 February 2018

Publication

ASEAN-Australia Special Summit – KWM’s response for CEO roundtable discussions

The ASEAN-Australia Special Summit presented a profound opportunity for Australian businesses to engage in a dialogue with our neighbours about deepening of our trade and investment relationships, and taking further steps to collaborate across key areas, resulting in increased regional security and prosperity.

01 February 2018

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Latest News

Deals

Mallesons advises Quadrant on investment in Advanced Navigation

Mallesons has advised Quadrant Private Equity (Quadrant) on its significant minority investment in Advanced Navigation in connection with its Series C capital raise.

28 April 2026

Deals

Mallesons advises EMR and Adaro on US$2.4bn Kestrel sale to Yancoal

Mallesons has advised EMR Capital and Adaro Capital on the sale of their 80% interest in the Kestrel coal mine to Yancoal Australia Ltd, a subsidiary of Yankuang Energy Group Company, for total consideration of up to US$2.4 billion.

17 April 2026

Deals

Mallesons advises NEXTDC on A$1 billion hybrid securities offer to support data centre expansion

Mallesons has advised NEXTDC Limited (ASX: NXT) on its A$1 billion hybrid securities offer. The hybrid securities are a rare 100-year subordinated debt instrument the proceeds of which will support the continued expansion of NEXT’s data centre platform.

14 April 2026

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