MERITAS - Law Firms Worldwide (JD Supra Australia)

Welcome to the 2019 edition of the Meritas Legal Guide for Business Investment and Expansion in Australia. Australia is a land of opportunity for foreign investors and those wanting to conduct business in the country. Globally successful in a number of key industries, such as resources, agribusiness, financial services, education and tourism, the nation’s diverse economy is expanding and...

Australian privacy law has national significance. The main privacy law contains 13 principles, which have the force of law by virtue of the Privacy Act 1988 (Cth). The federal privacy regulator is the Australian Information Commissioner. The 13 Australian Privacy Principles are... Please see full Chapter below for more information.

This publication has been prepared to provide an overview to foreign investors and business people who have an interest in doing business in Australia and New Zealand. The material in this publication is intended to provide general information only and not legal advice. This information should not be acted upon without prior consultation with legal advisors. Please see full publication below

MINERALS EXPLORATION AND MINING: Minerals exploration and mining is a very important industry in Australia. Australia has significant reserves of minerals including iron ore, coal, gas, uranium, nickel, gold and rare earths. It is ranked in the world’s top five for the availability and output of the following minerals (See Chart in pdf below). Western Australia in particular is one of...

PERSONAL PROPERTY SECURITIES LAW - Personal property securities law in Australia was recently overhauled with the introduction of the Personal Property Securities Act 2009 (Cth) (PPSA). The PPSA applies across all Australian jurisdictions and replaces a number of state laws to govern most, but not all, security interests in personal property. Overseas companies doing business in...

EMPLOYMENT AND INDUSTRIAL LAWS - TERMS AND CONDITIONS OF EMPLOYMENT - Employment relationships in Australia are regulated at a number of levels and by a range of statutory and quasi-statutory instruments. Which instruments apply primarily depends upon whether the employer is a “trading or financial corporation.” A corporation that derives a significant proportion of its revenue from...

EXCHANGE CONTROL - Generally, there are no exchange controls in Australia. Inward flows are generally not subject to exchange control, although in certain circumstances there may be a requirement to obtain approval for foreign investments from the Foreign Investment Review Board. Outward exchange is generally not restricted. However, taking currency notes (in any currency) into or out of...

ENTRY TO AUSTRALIA - Before reading this information, please be aware the information provided is not intended to be legal advice or to be acted upon without further consultation. Because of the complex maze of legislation, regulations and policy that comprise Australia’s immigration system, we strongly recommend that prospective applicants or sponsors seek specific legal advice before...

COMPETITION AND CONSUMER PROTECTION - Australia has extensive competition and consumer laws dealing with, among other things, the promotion of competition and consumer protection. This section provides an introduction to this area of Australian law. COMPETITION LAW - The Competition and Consumer Act 2010 (CCA) provides the primary source (though not the only source) of competition

INTELLECTUAL PROPERTY - There are a variety of laws dealing with the protection of intellectual property (IP) in Australia. These laws provide for the creation of legal rights to the exclusive use or ownership of copyright works and other subject matter, registered designs, patentable inventions, trade marks and other forms of intellectual property. There are also various rights...

TAXATION - It is not possible to give a complete outline of the scope of the taxation system in this guide. A brief outline of the basic taxation principles and some of the major forms of taxation are discussed below. In all cases, we strongly recommend that you obtain professional tax and legal advice before structuring or implementing your investment or business plans in Australia.

COMPANY LAW - Some general matters relating to company law in Australia are discussed below. REGULATORY SCHEME - The Corporations Act principally regulates companies, their incorporation, the acquisition of shares, securities, and the futures industry. The Corporations Act, together with major pieces of legislation such as the Australian Securities and Investments Commission...

REGULATION OF FOREIGN INVESTMENT - One of the first matters a foreign investor must consider when planning to invest in Australia is the impact of Australia’s foreign investment policy. REGULATION - Foreign investment in Australia is principally governed by the Foreign Acquisitions and Takeovers Act and is administered by the Foreign Investment Review Board (FIRB). The FIRB...

A foreign company or investor proposing to establish a business in Australia may choose from a number of different entities or forms of business organisation. Each of these forms has its advantages and disadvantages. Business owners will need to carefully consider them and take advice to determine which is the most appropriate form for their business. The major forms of business...

COURT AND LEGAL SYSTEM - The Australian legal system is modelled on the English common law system of judge-made (or case) law and written (statutory) law made by the various parliaments. The federal and state courts have separate and shared jurisdictions. The Federal Court generally has jurisdiction over matters arising under Commonwealth legislation, which include bankruptcy, aspects...

AN INTRODUCTION TO AUSTRALIA - Australia is a federation comprised of six states and two territories. The federal government, based in the capital city of Canberra, is known as the Commonwealth of Australia. Australia has a population of approximately 23 million people,1 from a diverse range of ethnic backgrounds. Over 70% of Australians live in the major cities located on its coastline.

Historically courts have been reluctant to enforce restraint of trade clauses on the basis that employees are entitled to use the skill, experience, and know-how acquired during previous employment in legitimate competition in future employment. A restraint that interferes with that liberty is likely to be held as contrary to public policy and therefore void. In recent years, employers...

The Newman Government in Queensland continues efforts to deliver on its claimed mandate to move the State’s industrial relations regime closer to the Federal Fair Work regime whereas some sceptics are claiming that these changes are in fact are a step backward to the Howard Government’s more controversial Work Choices regime. Key changes to the Industrial Relations Act 1999 (Qld) impact...

An area which continues to challenge employers is the overlapping and complex laws that concern redundancy of employees. For example the Income Tax Assessment Act 1997 has a discrete definition for “genuine redundancy payments” which is directed towards whether an exit payment upon redundancy is eligible to enjoy various tax concessions. The Fair Work Act 2009 on the other hand, has a dedicated...

The new anti-bullying jurisdiction of the Fair Work Commission has been operating since 1 January 2014. While the new laws have not triggered the avalanche of claims anticipated (which is probably due to the inability of the Fair Work Commission to award compensation), employers will be interested in the first substantive ruling on the merits of an application under the new bullying jurisdiction.

EMPLOYMENT AND INDUSTRIAL LAWS - TERMS AND CONDITIONS OF EMPLOYMENT - Employment relationships in Australia are regulated at a number of levels and by a range of statutory and quasi-statutory instruments. Which instruments apply primarily depends upon whether the employer is a “trading or financial corporation.” A corporation that derives a significant proportion of its revenue from

EXCHANGE CONTROL: Generally, there are no exchange controls in Australia. However, taking currency notes (in any currency) to the value of AUD10,000 or more must be reported. In some cases there may be financial sanctions imposed in relation to transactions involving certain countries, entities or individuals. The sanctions are aimed at prohibiting international funds transfers and...

ENTRY TO AUSTRALIA - Before reading this information, please be aware the information provided is not intended to be legal advice or to be acted upon without further consultation. Because of the complex maze of legislation, regulations and policy that comprise Australia’s immigration system, we strongly recommend that prospective applicants or sponsors seek specific legal advice before...

COMPETITION AND CONSUMER PROTECTION - Australia has extensive competition and consumer laws dealing with, among other things, the promotion of competition and consumer protection. This section provides an introduction to this area of Australian law. COMPETITION LAW - The Competition and Consumer Act 2010 (CCA) provides the primary source (though not the only source) of...

COURT AND LEGAL SYSTEM - The Australian legal system is modelled on the English common law system of judge-made (or case) law and written (statutory) law made by the various parliaments. The federal and state courts have separate and shared jurisdictions. The Federal Court generally has jurisdiction over matters arising under Commonwealth legislation, which include bankruptcy,...

Intellectual Property: There are a variety of laws dealing with the protection of intellectual property (IP) in Australia. These laws provide for the creation of legal rights to the exclusive use or ownership of copyright works and other subject matter, registered designs, patentable inventions, trade marks and other forms of intellectual property. There are also various rights...

TAXATION - It is not possible to give a complete outline of the scope of the taxation system in this guide. A brief outline of the basic taxation principles and some of the major forms of taxation are discussed below. In all cases, we strongly recommend that you obtain professional tax and legal advice before structuring or implementing your investment or business plans in Australia....

COMPANY LAW - Some general matters relating to company law in Australia are discussed below. REGULATORY SCHEME - The Corporations Act principally regulates companies, their incorporation, the acquisition of shares, securities, and the futures industry. The Corporations Act, together with major pieces of legislation such as the Australian Securities and Investments...

AN INTRODUCTION TO AUSTRALIA - Australia is a federation comprised of six states and two territories. The federal government, based in the capital city of Canberra, is known as the Commonwealth of Australia. Australia has a population of approximately 23 million people,1 from a diverse range of ethnic backgrounds. Over 70% of Australians live in the major cities located on its coastline.

REGULATION OF FOREIGN INVESTMENT - One of the first matters a foreign investor must consider when planning to invest in Australia is the impact of Australia’s foreign investment policy. REGULATION - Foreign investment in Australia is principally governed by the Foreign Acquisitions and Takeovers Act and is administered by the Foreign Investment Review Board (FIRB). The