Foreign Investment

Navigating the Foreign Investment Review Board (FIRB) Approval Process with Confidence

Securing FIRB approval is a threshold issue for inbound investment into Australia. With an increased focus from the Federal Government on the regulation of foreign investment and more robust regulations in place, including the imposition of fees, greater penalties for breaches and improved compliance mechanisms, obtaining the right legal advice early is more important than ever.

Providing tailored legal solutions for foreign investors and Australian businesses

Whether you are a local business seeking investment from overseas, or a foreign investor looking to acquire an interest in an Australian business, land, company or assets, an understanding of the FIRB notification and approval requirements are key. Our team works closely with clients to navigate these requirements, ensuring a seamless process for securing the necessary approvals and meeting regulatory obligations.

Ensuring foreign acquisition compliance and protecting national interest

FIRB approval plays a vital role in determining whether foreign investments in Australian business, land, company or assets can proceed. Acquisitions will be prohibited if they are found to be contrary to the Australian national interest. Foreign government investors, including sovereign wealth funds, government pension funds and other government-controlled institutions, face even more strenuous FIRB notification and approval requirements.

Delivering successful FIRB outcomes through deep expertise

Our FIRB legal team draws on expertise in resources and renewables, food and agribusiness, mergers and acquisitions, property, finance, technology, start-ups and taxation to provide practical advice and assistance. With extensive experience in managing FIRB applications, we have a detailed understanding of how complex rules and regulations are applied in practice.

Staying ahead of regulatory changes to support your investment goals

We remain at the forefront of developments and government policy in foreign investment, ensuring our clients are well informed of regulatory changes that may impact proposed investments. Our expertise and current experience mean we are always across these issues, ensuring your FIRB application has the best chance of success within the existing legal and foreign investment policy framework.

For tailored legal solutions for foreign investors, contact Duncan Bedford.

International student accommodation developer and manager

Obtaining numerous FIRB approvals for the acquisition of both development sites and established facilities. Assisting in successfully obtaining fee reductions of $560,000 and $210,000 for two particularly complex acquisitions.

Consolidated Pastoral Company

Advising Consolidated Pastoral Company, one of Australia’s largest foreign landowners, in on all FIRB related issues including those relating to acquisitions, leasing, reporting, and capital raising.

Wanda Ridong

Assisting in obtaining FIRB approval for the acquisition of a $425 million Sydney harbour-front property for development into a five star hotel.

World Class Land

Assisting in obtaining developer pre-approval for the sale of 100 percent of developed apartments to foreign buyers for multiple residential developments.

ASX listed property developer

Assisting in obtaining a five-year FIRB exemption certificate for a program of land acquisitions (including residential, commercial, and agricultural land) for the purposes of residential development.

Complex resources sector transactions

Assisting in obtaining FIRB approval for a two-phase sale of a large existing mine and associated assets. Successfully arguing an aggregation of the transaction, reducing the fees from potentially in excess of $200,000 to $27,000.

Compliance assistance

Assisting large listed entities with complex ownership structures to correct the record with FIRB, ensuring compliance while avoiding penalties.

FIRB Regulations

Successfully lobbying for change of regulations relating to characterisation of commercial residential premises, in circumstances where the GST legislation was inconsistent with the FIRB policy objectives.