Media Release | 12 February 2015

Proposed significant investor visa changes unworkable: Hall & Wilcox

Legal firm Hall & Wilcox says proposed changes to the Significant Investor Visa (SIV) raised in an Austrade discussion paper will prove unworkable as it misunderstands Chinese investors.

Eugene Chen, a Special Counsel and Head of China practice at Hall & Wilcox, said proposed new requirements, which include investing minimum 50 per cent in venture capital and small caps funds, along with a ban on direct investment in residential property (potentially extending to residential property development), introduce unacceptable risks for Chinese investors.

“We have worked closely with fund managers and financial services firms to attract Chinese investors since the scheme was introduced, so we know what makes them tick.

“We know that Chinese investors want low risk investments, something that they understand.

“The risk appetite is not there.”

Mr Chen said he agrees with the need to increase venture capital (VC) investment in Australia, but warned the changes are unlikely to create a VC ‘honey pot’. “My understanding of Chinese SIV investors is that they may decide to opt-out altogether. It has potential to at least diminish, and possibly kill-off the regime.”

Chinese investors tend to see Australia as a destination for low risk, relatively stable returns, rather than speculation, according to Mr Chen. “If we look at it from the Chinese investor’s point of view, the difference in VC returns between Australia and China is vast.

“In China there are more opportunities for much more lucrative VC returns. But the risk profile is the same. So why take that risk in Australia?

“We cannot assume that the lure of residency will be enough, as these investors have other options.”

Mr Chen said that Hall & Wilcox clients had expressed strong concern at the changes. “We agree that more VC investment is needed. We also agree that land-banking is wrong. But the changes need to be considered further as they may put the scheme at risk.”


Oliver Jankowsky

Partner & Head of International Practice

Ed Paton

Partner & Head of SE Asia Practice

Eugene Chen

Partner & Head of China Practice

Melanie Smith

Director - Business Development, Marketing and Communications

Natalie Bannister

Partner & Commercial National Practice Leader

Rhett Slocombe

Partner & Insurance National Practice Leader

Katie McKenzie


James Bull

Special Counsel and Head of Frank

Melanie James

People & Culture Manager

Jacqui Barrett

Partner & Head of US Practice

Paul O’Donnell

Consultant & Head of Energy

Christopher Brown

Partner & Head of UK Practice

Lauren Parrant

Senior People & Culture Advisor, as at 1 July 2022

Melinda Woledge

Marketing & Communications Manager

Jasmine Koh

Senior Associate and Head of Frank

Alison Choy Flannigan

Partner & Leader, Health & Community

Billie Kerkez

Manager – Smarter Recovery Solutions

Peter Jones

Senior Commercial Counsel

You might be also interested in...

Thinking | 19 Feb 2015

The Working Paper Issue 15

Contents   More changes ahead? Productivity Commission to scrutinise Australia’s workplace relations framework General protections update: why the decision-maker is critical to defending a claim A dangerous policy: HR policy lands employer in breach of contract For the record…the new challenge of secret recordings in the workplace More changes ahead? Productivity Commission to scrutinise Australia’s […]

Thinking | 3 Feb 2015

Tougher ASIC to challenge financial services product development in 2015: Hall & Wilcox

A tougher ASIC will require financial services firms to think harder about their products and compliance systems during 2015, according to leading independent law firm Hall & Wilcox. Harry New, a Partner at Hall & Wilcox, said the regulator is looking to intervene and make examples where they can. “Financial services firms need to be […]