FIRB Approvals

The globalisation of business means that many substantial Australian assets are the subject of interest from foreign investors. MinterEllison’s transactional lawyers have extensive experience in advising foreign investors looking to acquire Australian assets.

Foreign investment in Australia is regulated by the Foreign Acquisitions and Takeovers Act 1975 (Cth) (FATA). The Australian Treasurer has wide discretion under the FATA to decline applications which are considered to be contrary to Australia’s national interest.

Our foreign investment specialist lawyers have in-depth knowledge of the Foreign Investment Review Board (FIRB) process and extensive experiences in handling FIRB applications on behalf of clients. We have advised on many unsolicited proposals to buy substantial assets from or to acquire control of listed Australian companies. We understand the law and what drives decision making within the FIRB.

In addition to the foreign investment regulations, we also have specialists to advise on any competition law issues, as well as taxation issues that need to be considered.

Acquisition of the Mermaid Marine Supply Base from MMA Offshore

Advised Toll in relation to its strategic acquisition from MMA Offshore of the Mermaid Marine supply base and logistics supply base business for approximately $44 million. The acquisition of assets included property leases, inventory, plant and equipment, leased equipment and statutory licences.

Macquarie Generation asset sale - acting for bidder

Acted for one of the three short-listed bidders for the purchase of New South Wales' electricity generation assets from Macquarie Generation.

Wilmar A$1.75bn acquisition of Sucrogen

Acted for Wilmar in relation to the acquisition of Sucrogen Limited, CSR's sugar business from CSR for an enterprise value of $1.75 billion.