Legal help
for clients from India.

Typically an Indian company registers an Australian subsidiary with ASIC, obtains an ABN and TFN, checks whether FIRB approval is needed, and puts employment and commercial contracts in place. On the India side, outbound investment must comply with ODI rules under FEMA. We handle the Australian side and coordinate with Indian counsel on the India-side approvals.

The Australia-India Economic Cooperation and Trade Agreement (ECTA) gives Indian investors a higher FIRB screening threshold for investments in non-sensitive sectors than many other foreign investors receive. Residential property purchases by foreign persons still need FIRB approval. Thresholds are indexed and change, so check the current figures before you commit.

Yes, but foreign persons generally need FIRB approval before buying residential property, are usually limited to new dwellings, and pay foreign purchaser duty in most states. Australian citizens and permanent residents living in India are treated differently. We confirm your status and handle the application, contract and settlement.

Often, yes. An Australian will can deal with Indian assets, but probate and succession in India follow Indian law, and a separate Indian will can make administration faster. We draft the Australian will and coordinate with Indian counsel so the two documents work together and do not revoke each other.