Foreign Investment
Navigating Australia’s foreign investment framework
Australia consistently ranks as an attractive destination for foreign investment, however its regulatory regime is one of the most comprehensive and stringent in the world.
With over 30 years of collective experience advising on foreign investment in Australia, our specialists provide practical, strategic advice to ensure your transactions are successful and set up to achieve post-transaction compliance.
Our expert team has cultivated strong relationships with the Foreign Investment Review Board (FIRB) and maintains a 100% success rate with FIRB applications. Combining deep legal expertise with a nuanced understanding of real-time policy and political shifts, we help clear the path for your investments so you can move forward with confidence.
Just as importantly, our multidisciplinary backgrounds – including political science and international studies – further enhance our ability to anticipate government priorities and policy changes, positioning your investments for long-term success.
In line with Australian practice, Hamilton Locke’s FIRB experts are also M&A partners. This translates to commercially-grounded advice that considers the real-world impact of FIRB approvals, including on transaction timelines. We’re equipped to manage all aspects of due diligence and M&A related to your FIRB analysis, creating a seamless and trustworthy client experience.
How we can help
- Strategic foreign investment planning and analysis of FIRB requirements, leveraging early engagement with FIRB to deliver applications tailored for success.
- Preparation of detailed, compelling FIRB applications that address not just the law but the underlying policy, minimising delays and facilitating timely approvals.
- Expert negotiation of FIRB approvals, conditions and undertakings, with a deep understanding of what is achievable.
- Guidance on ongoing FIRB regulatory obligations and reporting requirements to maintain continued compliance.
- Our capabilities extend beyond FIRB, encompassing:
- all facets of an M&A transaction, from due diligence to transaction documents through to closing
- corporate structuring
- advice on national security considerations
- tax and financial compliance
- sector-specific regulatory requirements.
Partnering with clients for success
Whether you’re investing in Australia for the first time or expanding an existing footprint, we’ll position you for success in the Australian market.
Client-first thinking
We pride ourselves on our client-focused approach, leveraging deep regulatory expertise and strong relationships with FIRB to deliver tailored investment solutions.
FIRB expertise
With strong relationships across FIRB and government, we are uniquely positioned to deliver solutions that go beyond the legal framework, incorporating real-time policy and political drivers shaping FIRB decisions.
M&A lawyers
Combining FIRB specialisation with M&A expertise, we deliver comprehensive solutions. We’ll work alongside you to achieve the best commercial outcome for your FIRB needs and your entire transaction.
Experience
* Some of the above representations were undertaken while at previous firms
Singapore Airlines
Secured FIRB approval for Singapore Airlines on multiple investments in Virgin Australia.
Airbus
Advised Airbus on the FIRB aspects of its proposed investment in Australia.
Egress
Advised on the sell side of the FIRB application submitted by KnowBe4 (a portfolio company of Vista Equity Partners) in connection with its acquisition of Egress Technologies, a leader in adaptive and integrated cloud email security solutions, on its acquisition (acting for Egress Technologies).
Egis Australia
Secured FIRB approval for a number of Egis Australia’s acquisitions in Australia.
Potentia Energy
Secured all FIRB approvals for Potentia Energy’s acquisition of the Tallawang hybrid project, comprising a 500MW solar PV plant with a co-located 500MW BESS.
Potentia Energy
Secured all FIRB approvals for Potentia Energy’s acquisition of the Ridgey Creek130 MW BESS project.
Potentia Energy
Advised Potentia Energy on the FIRB aspects of its partnership with QEM Limited to deliver the Julia Creek hybrid solar and wind renewables project.
AI Carbon
Advised AI Carbon (a leading Australian developer in carbon credits) on the FIRB aspects of several of its carbon capital projects.
BP
Secured FIRB approval for BP in respect of the restructure of its oil refinery business.
Chamonix IT
Advised on the sell side of the FIRB application submitted by Synechron in connection with its acquisition of Chamonix IT and Exposé, digital transformation, artificial intelligence, and analytics businesses (acting for Chamonix IT and Exposé).
Patronus Resources
Secured FIRB approval for Patronus Resources (formerly Kin Mining) in relation to its acquisition of PNX Metals by scheme of arrangement.
Elliott Investment Management
Advised Elliott Investment Management, US hedge fund manager, on its FIRB application in respect of multiple investments, including its joint acquisition with Vista Equity Partners of software maker Citrix Systems.
Other
Provided FIRB advice to numerous clients seeking to acquire (or invest in) Australian resources companies (including in the critical minerals sector).
Energy Vault
Advising Energy Vault on its FIRB application for its acquisition of the Stoney Creek BESS project.
Investing in New Zealand?
We have a dedicated foreign investment team that can help you navigate New Zealand’s regulatory landscape, including Overseas Investment Act requirements, corporate structuring, and compliance. Contact our New Zealand Foreign Investment team.
