Our Korean desk is comprised of experienced lawyers and has the capacity to advise outbound investors from Australia as well as inbound investors into Australia.
Our team includes Oliver Jankowsky, Partner and Head of International.
Oliver is a corporate partner, whose practice focuses on mergers & acquisitions, corporate advisory, divestments, foreign investments and start-up capital raising. He has particular expertise in cross-border transactions advising foreign clients on their legal needs in Australia and how to enter the Australian market. Oliver’s practice also comprises drafting a range of commercial agreements including shareholders and distribution agreements and advising on IT contracts.
Oliver leads our international desk including the Korean desk and regularly advises clients from Europe, China and Korea.
Investments in Korea and Australia
Korea is Australia’s third largest export market and fourth largest trading partner, with bilateral trade worth A$32 billion in 2013. In particular, Korea is one of the APEC countries which have agreed to participate in the Asia Region Funds Passport that allows cross-border offerings of a collective investment scheme if the scheme is established and regulated in one of the Passport member countries. The Korean Government signed the Statement of Understanding in September 2015, signalling its commitment to join the Passport ahead of its commencement in 2016. Once implemented, it will create a regional financial market and reduce retape for managed funds, while providing investment managers with access to Asian middle classes’ savings including the Korean financial market.
Hall & Wilcox has assisted numerous international clients in a range of Australian transactions and has experience in advising Australian clients on entering into international transactions. We have extensive cross-border expertise and are well positioned to assist international clients that want to do business in Australia, whether it be the acquisition of an Australian entity or the setting up of a subsidiary or branch office in Australia.
We frequently act for overseas clients acquiring companies in Australia. In particular, we are able to advise on:
- establishing the most appropriate legal structures for businesses;
- international tax issues and tax structuring advice;
- corporate restructures, mergers, acquisitions, joint ventures and divestments;
- employment obligations and agreements;
- compliance obligations of companies under the Australian Competition Law;
- obtaining appropriate visas, immigration compliance, permanent residency and citizenship issues;
- commercial agreements including franchise, distribution, supply and service agreements;
- protection and licensing of intellectual property;
- commercial and residential property transactions; and
- whether any Australian regulatory compliance and approvals are required for a particular transaction and if so, obtaining those approvals.
We have assisted Australian and Korean companies in expanding their businesses and developing business connections in each other’s countries. Some of the companies we advised are as follows.
- Maritime Container Services Pty Ltd in its legal claims against Hanjin Shipping Inc.
- Australian Unity Limited in relation to its investment mandate from a Korean real estate fund
- Nutribiotech Australia Pty Ltd in relation to its loan agreement with Nonghyup Bank
- Amore Pacific in relation to employment law advice and contracts
- Kyung-In Synthetic Corporation in relation to its investment in Australian business
- Korean companies’ joint venture arrangements with Australian businesses and legal advice on Australian corporate laws