Locations > Australia and New Zealand

Australia and New Zealand

Australia is the sixth-largest country in the world and has a highly multicultural population, with about half of Australians either born abroad or having parents who were born overseas. Australia and nearby New Zealand are regarded as offering political stability, rule of law and high international standards of living, making it an attractive destination for successful individuals from Asia. The region also maintains strong ties with North America, and has a large population of American citizens living overseas.

How we can help

We provide individuals, families, businesses and charitable organizations that have cross-border ties to Australia and New Zealand with seamless legal services and solutions for their activities around the world. Our multi-disciplinary and multi-jurisdictional team advises on Australian inbound and outbound matters, collaborating with clients to implement innovative legal solutions. We help our clients achieve their goals in areas such as tax and estate planning, real estate, charitable activities, corporate matters, intellectual property, family law, immigration and expatriation.

Examples of Australian cross border tax and estate planning advice we provide include:

  • Implementing dual resident structures for high net worth families relocating overseas with cross-border income and assets, charitable activities and joint ventures
  • Formulating global holding structures for US inbound investments in real estate, venture capital funds, and startups in the technology, manufacturing and entertainment industries
  • Advising international families, founders and executives on cross-border wealth transfers and succession planning, cross-border retirement plans and pension distributions
  • Representing foreign executors, trustees and fiduciaries on US tax filing and reporting obligations of trusts with US assets and US resident beneficiaries
  • Advising on the tax aspects of cross-border financing transactions, mergers and acquisitions, licensing and distribution arrangements
  • Structuring film financing transactions and advising on the tax treatment of film and music libraries
  • Managing cross-border tax risks arising from permanent establishment, employees on global assignments, independent contractor and agency relationships

Association with Bentleys

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To further meet the needs of our clients, we are proud to be associated with Bentleys, a multi-service advisory firm based in Australia and New Zealand. Through this non-exclusive association, we can complement the cross border advice we offer with local Australian and New Zealand tax advisory, accounting and legal services to further support our clients in their business, personal and charitable endeavors. 

Withers and Bentleys work closely to expand the range of cross-border advice available to our respective clients by sharing knowledge and expertise and making mutual referrals.

Withers and Bentleys launch international association

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Track record

Australian A-list celebrity

Withers represented an Australian celebrity in the acquisition of US real estate assets through an inbound holding structure.

Strategic restructuring for US-Australian and US-Canadian-Australian executives

Withers advised two executives and their families in the strategic restructuring of their global assets and income to mitigate adverse tax consequences to their existing global estate structures.

Ultra-high net worth US citizens relocating to Australia and New Zealand

Withers advised ultra-high net worth US citizens in relocating from the United States to New Zealand and Australia. This matter involved the restructuring of domestic trusts and business holdings to mitigate cross-border tax and estate administration complexities. 

US-citizen spouse of an Australian investment firm founder

Withers represented the US-citizen spouse of an Australian investment firm founder in their cross-border US-Australian estate planning.

Australia-based software development company

Formation of joint venture covering HK, Singapore and Australia, and advising on related employee share option scheme and general corporate matters

Represented Japanese operator in disputes over LNG plant in Western Australia

Defended claims by contractor for profit on project under an EPC Contract – overall disputed amount exceeded USD10 bn.  

Divestment of Novotel Brisbane Australia

Advised the manager of CDL Hospitality Real Estate Investment Trust in connection with CDL Hospitality Trust’s divestment of Novotel Brisbane Australia.

Australian-based software development company

Representing an Australian-based software development company, with their various corporate matters, including (i) an employee share option scheme; (ii) general corporate advice and (iii) employment law issues with its employees.

A leading Australian private school

We advised our client on their international fundraising plans for their alumni.

Acted for Australians who have committed forgery in Singapore

which required our team to liaise with the Australian High Commission.

Key contacts

Marsha Laine Dungog

Marsha Laine Dungog

Partner | San Francisco

Marsha Laine Dungog

Partner | San Francisco

International wealth planning

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Ivan A. Sacks

Ivan A. Sacks

Partner | New York

Ivan A. Sacks

Partner | New York

Private client and tax

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James Hamilton

James Hamilton

Senior Associate (Australian Qualified) | Admitted in Victoria | London

James Hamilton

Senior Associate (Australian Qualified) | Admitted in Victoria | London

Corporate

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Simon Wong

Simon Wong

Partner | Hong Kong

Simon Wong

Partner | Hong Kong

Corporate

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Kwong Wing Leon

Kwong Wing Leon

Partner | Singapore

Kwong Wing Leon

Partner | Singapore

Private client and tax

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Robert Kovacs

Robert Kovacs

Partner | London

Robert Kovacs

Partner | London

Litigation and arbitration

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Claire Christy

Claire Christy

Partner | London

Claire Christy

Partner | London

Employment

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Charles S. Kolstad

Charles S. Kolstad

Partner | New York

Charles S. Kolstad

Partner | New York

Private client and tax | Corporate

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Insight

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Our website will give you a flavor of the advice we provide - if you would like to talk to us for more information, please contact our client services team who will be happy to assist.

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