Australia - Market Entry and Legal Services

Lawyer & Law Firm in Australia

Australia is regarded as one of the easiest places to set up business or export products and services. The political and economic stability and supportive regulatory framework accounts for the ease of doing business in Australia. In addition to this, Australia is ranked high in terms of legal rights, ease of setting up a business and the sound banking structure. One of the major reasons for such a business-friendly environment is the quality of governance in Australia that helps the growth of its economy and provide financial security making it an attractive destination for entrepreneurs and MNCs that are looking to expand their business to new territories.

Commercial Relations between India-Australia

The Australia-India relationship in trade and commerce is strengthened through various platforms and agreements. The Australia-India Commercial Dialogue and India-Australia Joint Ministerial Commission facilitate collaboration and address trade-related issues. Key imports from India to Australia include petroleum, medicaments, pearls, gems, and textiles, while Australia exports coal, copper, natural gas, and education-related services to India. The MOU on Co-Investment in Critical Minerals Projects and the Economic Cooperation and Trade Agreement aim to enhance bilateral trade and investment. The India-Australia CEO Forum brings together prominent companies to explore trade opportunities. Australian equity investments in India, particularly in sectors like infrastructure, have been substantial. With bilateral trade exceeding $31 billion, India has become Australia's 9th largest trading partner.

Business Advantage for Indian Companies in Australia

Australia offers compelling factors for business growth and success. It has a high average disposable income per household and a market where consumers value quality products and services. Its strategic location and time zone proximity to Asia provide a competitive advantage for international expansion. The country has a stable political and economic environment, transparent business operations, and an efficient legal system. Australia's highly educated and productive workforce is well-equipped with specialized knowledge and skills. The country also offers market diversification opportunities, particularly in technology and non-tradeable service sectors. Overall, Australia provides an attractive environment for businesses to thrive and tap into its potential for growth.

Incentives and Support Programs by Australia for Indian Companies

Australia offers various incentives and support programs to attract and assist Indian companies looking to establish a presence in the country.

• Export Market Development Grants (EMDG) support Australian businesses, including Indian companies, with reimbursements for export promotion expenses.
• Research and Development (R&D) Tax Incentives offer tax offsets for eligible R&D activities by Indian companies operating in Australia.
• The Landing Pad Program helps Indian start-ups and scale-ups establish a presence in Australia with co-working spaces, mentoring, and networking opportunities.
• Industry-specific support programs cater to various sectors, such as the technology and innovation sector, providing collaboration and investment opportunities.
• Investment promotion agencies like Austrade promote Australia as an investment destination and offer market intelligence and facilitation services.
• Start-up and innovation programs provide grants, mentoring, and business support for Indian start-ups and entrepreneurs.
• Export Finance and Insurance Corporation (EFIC) offers financial solutions to assist Indian exporters and project developers with trade finance and risk management.
• Incubators and accelerators provide support and resources for early-stage Indian companies expanding into the Australian market.
• Trade missions and business delegations foster trade and investment ties between Australia and India, offering networking and business matching opportunities.

Starting a Business in Australia

Although there are different options for setting up a business in Australia, Sole Proprietorship is one of the most popular business structures among the entrepreneurs. Prior to setting up a business, one needs to decide the Business Name, Address and who would be the director and shareholder of the Company.

Once these points are finalized, the following steps are to be adhered to for setting up a business:

• Register the Business with ASIC
• Register the Business with ASIC
• Apply for Australian Business Number
• Register Business Name with ASIC
• Register for GST
• Open a Local Bank Account
• Apply for Licenses and Permits

Visa and Immigration

Australia offers a variety of visas, depending upon the nature and duration of the stay in the country. The following visas are granted to those who wish to conduct business activity in Australia:

• Australia Significant Investor Visa (Golden Visa)
• Australian Business Innovation and Investment Visa
• Business Owner Visa
• Investor Visa

Australia offers a stable economy, supportive business environment, and diverse sectors for growth. However, entering the market requires market research, understanding regulations, and building local networks. Tailoring marketing strategies to the local culture and values is essential. A comprehensive business plan, securing funding, and establishing local operations are key. With careful planning, businesses can thrive in Australia's attractive market.

To read more about the Australia market and various business opportunities – CLICK HERE

How Do We Help?

At India Law Offices (ILO), we strive to deliver exceptional legal services to our clients not just within India, but on a global scale. Over the past two decades, we have diligently expanded our presence by establishing strong partnerships, both formal and informal, with esteemed professionals from leading law firms in key commercial hubs worldwide. These alliances have empowered us to offer efficient and seamless representation of the utmost quality in any jurisdiction. Through our extensive network, we are able to cater to the diverse needs of our clients and ensure that they receive top-notch legal assistance across borders.

With a host of global affiliations with some of the largest law firms and legal networks, India Law Offices makes business possible worldwide for its clients. We provide comprehensive support to companies from Australia seeking to enter the Indian market. Our services encompass various aspects such as establishing subsidiaries or branches, navigating commercial contracts, and addressing any legal requirements. Additionally, we extend our expertise to Indian companies aiming to expand their operations in Australia, offering corporate assistance and legal support tailored to their specific needs. In collaboration with our Australian counterparts, we are well-equipped to provide guidance on cross-border transactions between India and Australia, including mergers and acquisitions (M&A), joint ventures, and other related activities. We are committed to helping our clients navigate the complexities of Indo-Australian business collaborations and achieve their desired outcomes. Our expertise extends to a wide range of areas, ensuring comprehensive assistance in various aspects such as:

• Corporate and M&A – Incorporation of Company, Branch Office, Merger & Acquisitions, Joint venture, Technical Collaboration, Taxation, Financial Reporting
• Commercial Contracts – Drafting & vetting of contracts like franchising, distribution, sales and marketing, licensing etc.
• Business and Civil Litigation – Representation before courts and judiciary bodies, Arbitration, Mediation
• Immigration – Obtaining Visa, Citizenship, Visa extension, Work Permit etc.
• Labour & Employment – Advice on Employment Laws, Tax implication on French nationals working in India, Drafting Employment Contracts & HR Policy
• Real Estate – Buying & Selling of Property, Development of real estate projects.
• Intellectual Property Rights – Trademark, Copyright & Patents registration
• Family Law and Inheritance – Cross border Divorce, Marriage Registration, Child Custody, Adoption, Drafting Will, Setting up Trust or Estate

Our Partner in Australia

We maintain a close working relationship with Kells, a reputable law firm based in Sydney, Australia. Since its establishment Kells has been providing comprehensive legal support to both companies and individuals from Australia, as well as international clients seeking to enter the Australian market. Their areas of specialisation encompass banking and finance law; commercial property; employment law; leasing; family law and will; corporate law; conveyancing; and construction and development. India Law Offices and Kells have formed a collaborative partnership to facilitate legal services between India and Australia. This collaboration is made possible due to their shared membership in the prestigious PraeLegal, which comprises independent commercial and business law firms.

If you are company from Australia or individual seeking assistance in India or an Indian entrepreneur planning to enter the Australian market, we encourage you to complete the form below and connect with our team of legal experts. We are dedicated to providing the guidance and support you require.