South East Asia desk

 

Our South East Asia desk is comprised of experienced lawyers with a wide range of international networks and the capacity to advise outbound investors from Australia as well as inbound investors into Australia.

Our lawyers have a deep understanding of, and experience with, the unique laws, customs and business practices throughout the South East Asia region. We have acted on a number of cross-border transactions and inbound investments from clients in South East Asia.

Hall & Wilcox has expertise in advising our clients, spanning a diverse range of industries, on all aspects of investing and doing business both in Australia and internationally. Our extensive experience and considerable expertise mean we are well-placed to assist, providing you with high quality and efficient service to meet your legal and business needs.

For more information on our dedicated China practice, please visit our China Desk page.

Investments in South East Asia and Australia

Countries within the South East Asia region account for eight of our top 15 two-way trading partners globally, two of which are in the top-five, with bilateral trade worth AUD $192.1 billion.

Many countries in the region are part of the Asia-Pacific Economic Cooperation (APEC), an inter-governmental forum for 21 member economies in the Pacific Rim that promotes free trade throughout the Asia-Pacific region. Member countries 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. APEC is recognised as one of the highest-level multilateral blocs and oldest forums in the Asia-Pacific region and exerts a significant global influence.

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.

Key practise areas

  • Corporate and Commercial law, particularly accompanying the foundation or acquisition of an Australian company
  • Corporate governance and directors’ duties
  • Conducting litigation and arbitration, including in the law of damages
  • Commercial contracts, including supply and distribution agreements
  • Joint ventures and shareholders arrangements
  • Mergers and acquisitions
  • Tax law
  • Foreign investment regulation, including FIRB approval
  • Financial Services and Insurance
  • Banking and Finance
  • Capital Market law
  • Capital raising
  • Funds, including advice on and the establishment of property funds
  • Private clients, including estate planning, succession and disputes
  • Employment law, including immigration law
  • Superannuation and Pensions
  • Intellectual Property law, including trademarks, unfair competition and copyright law
  • IT law, including technology contracts
  • Property, Planning, Construction and infrastructure projects
  • Leasing
  • Environmental law and Sustainability

Experience

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 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 companies from Australia and South East Asia with expanding their businesses and developing business connections in each other’s countries, such as:

  • Advising one of the world’s largest international skincare and cosmetics companies headquartered in South Korea on the acquisition of a significant minority interest in shares in an Australian company with a well-known luxury skincare brand.
  • Acting for the head company of a UK based family owned global publishing business with distribution in USA, Asia and Australia. The project involved the restructure and sale of the Australian business.
  • Advising Straits Real Estate (a Singapore real estate investment company) on the issuance of secured notes to Maxcap (an Australia real estate investment company) in connection with the development of the residential project known as “Aspire” in Melbourne.
  • Advising an Australian fund management company in relation to a corporate loan to expand its domestic and global operations.
  • Advising an oil trading company in relation to the development and project financing of an oil storage terminal in Indonesia.
  • Advising a Philippines-based power company in relation to the acquisition of a minority stake in a geothermal power project in Indonesia.
  • Advising sponsors in relation to an integrated real estate development in Myanmar featuring luxury residences, office towers, a hotel and retail space.
  • Advising ARA Asset Management Limited, a Singapore based real estate manager, and its related entities on the upstream (including senior and mezzanine components) and downstream financing of the development at 379-383 George Street and 38-48 York Street, Sydney.
  • Advising an Indonesian company on the refinancing of a multi-currency term loan facility and letter of credit facility to fund the construction of a power plant.
  • Acting on the establishment of a national property services businesses for a Singaporean entrant to the market. This included advising on the regulatory requirements and preparing all necessary precedent documents.
  • Advising various Indonesian coal companies on their financing arrangements and project documentation, including coal supply agreements.
  • Advising various borrowers on corporate loans from multilateral financial institutions to fund operations in Myanmar
  • Advising Maritime Container Services Pty Ltd in its legal claims against Hanjin Shipping Inc.
  • Advising Australian Unity Limited in relation to its investment mandate from a Korean real estate fund.
  • Advising Nutribiotech Australia Pty Ltd in relation to its loan agreement with Nonghyup Bank.
  • Advising Kyung-In Synthetic Corporation in relation to its investment in Australian business.
  • Advising Korean companies’ joint venture arrangements with Australian businesses and legal advice on Australian corporate laws.

Key Contact

Ed Paton
Partner & Head of SE Asia Practice

Ed’s practice covers private mergers & acquisitions (both local and international), with particular specialism in mid-market deals in Australia, distressed M&A and inbound international transactions. Ed has significant experience running large projects including company establishment, corporate restructures and succession for large family groups.

More about Ed

Our team

Oliver Jankowsky
Partner & Head of International Practice
  • Fluent in German - Native speaker

Oliver is a corporate partner, whose practice focuses on mergers & acquisitions, corporate advisory, divestments, foreign investments and start-up capital raising.

More about Oliver

Kristopher advises on all aspects of migration to Australia, with particular emphasis on employment-related migration. He has advised a wide range of clients, including large public and international companies, as well as small-to-medium enterprises.

More about Kristopher

Jeanette has over 10 years’ experience working in the Asia-Pacific region. She specialises in advising borrowers and financial institutions on bilateral and syndicated financing, as well as cross-border project financing.

More about Jeanette
Jasmine Koh
Lawyer and Head of Frank
    Fluent in Malaysian

Jasmine is a qualified lawyer in Australia and New Zealand, with experience working across a broad range of corporate and commercial matters, including capital raises, private mergers and acquisitions, restructures, corporate governance, and supply arrangements. She also specialises in fintech and payments, including advising on AFSL licensing and AML/CTF compliance.

More about Jasmine

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