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Navigating complexity. Delivering capability. Supporting supply chains.

Defence industry

Australia’s defence industry is transforming. Government investment is accelerating to build sovereign and regional capability in maritime, aerospace and land defence. As defence technology development accelerates apace, the opportunities grow — in a complex regulatory, procurement and national security environment.

MinterEllison combines extensive industry expertise with commercial and regulatory insight to partner with defence industry businesses for growth. We help organisations enter and scale in the Australian market. 

We support clients across the full lifecycle — from establishing Australian subsidiaries and securing FIRB approvals, to navigating export controls, defence procurement processes, supply chain risk and major manufacturing investments. Our goal is long-term success.


MEET THE TEAM

How we can help

Establishing an Australian presence: Structuring and launching Australian defence industry subsidiaries, including incorporation, tax, employment, visas, security clearances and workforce planning.

  • Establishing an Australian presence: Structuring and launching Australian subsidiaries, including incorporation, tax, employment, visas, security clearances and workforce planning.
  • Regulatory and national security compliance: Navigating Australian export controls, sanctions, DISP accreditation, foreign interference laws and national security regulations critical to defence operations.
  • Investment and approvals: Managing FIRB, ACCC merger clearance and other regulatory approvals to enable timely investment, acquisitions and joint ventures.
  • Winning and delivering defence work: Advising on defence procurements and requests for tender, including ASDEFCON processes, risk allocation and contract negotiation.
  • Supply chain and program delivery: Supporting prime contractors and subcontractors across complex defence supply chains to manage risk and meet Australian defence requirements.
  • Transactions and growth: Assisting with acquisitions, divestments and partnerships within the Australian defence industrial base.
  • Manufacturing and infrastructure: Establishing and expanding major defence manufacturing and sustainment facilities across Australia.

Case studies

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Mergers and acquisitions and corporate – private equity acquisition 

Acted for a US private equity firm acquiring a leading aviation and aerospace business serving defence clients across multiple jurisdictions, navigating complex cross-border regulatory and transaction structuring requirements particular to the defence sector.

 
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Major capability programmes — defence procurement and contracting

Advised global and Australian clients across major ADF capability programmes in the land, sea, air and aerospace domains, covering procurement strategy, ASDEFCON contract drafting, negotiation and post-execution support.

 
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Defence industry security programme compliance

Advised clients on DISP membership and compliance with Australian Department of Defence security standards, covering security governance frameworks, personnel clearances, physical security obligations and cybersecurity requirements for international businesses entering Australia's defence market.

 
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Regulatory — foreign investment review board — national security business assessments and SOCI

Advise international clients on FIRB and FOCI matters, focusing on "national security business" assessments in the defence context, and assist foreign clients navigating obligations under the Security of Critical Infrastructure Act 2018 (Cth) in relation to critical public assets.

 
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Regulatory defence export controls and sanctions — cross-border defence transactions

Advised clients on export controls and Australian sanctions law across cross-border transactions, including advising international manufacturers on the AUKUS licence-free environment and dual-use technology exports, and conducting sanctions exposure assessments for international businesses.

 
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Foreign Influence Transparency Scheme — ADF capability procurement

Advised on registration obligations under Australia's Foreign Influence Transparency Scheme (FITS) in connection with engagements relating to a major ADF capability procurement.

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https://www.minterellison.com/defence-industry