If both parties’ businesses are located in different countries that have ratified the UN Convention on Contracts for the International Sale of Goods (CISG) — Australia ratified in 1988, as have most major trading nations including China, the US, Germany, and Japan — the CISG applies automatically to your contract unless the parties have expressly excluded it. Many Australian businesses do not know this, because the CISG differs significantly from the Sale of Goods Act and the Australian Consumer Law. We advise on whether the CISG applies, what it means for your position as buyer or seller, and whether exclusion is in your interest.

Under the CISG, a buyer who receives non-conforming goods must give notice to the seller promptly — and in any event within two years of receiving the goods — or risk losing the right to rely on the defect. Once notice is given, the buyer may claim a price reduction (no need to prove fault), damages (must prove actual loss and mitigate), or avoid the contract entirely if the breach is “fundamental” under Article 25. We assess which remedy best fits your situation and advise on the timing and form of required notices, including whether a Nachfrist notice is the right tool to keep your options open.

The carrier’s liability for cargo damaged at sea is governed primarily by the Hague-Visby Rules, which Australia implements through the Carriage of Goods by Sea Act 1991 (Cth). The carrier can raise specific defences (including nautical fault, inherent vice, or insufficient packing by the shipper) and can limit its liability to the higher of 666.67 SDR per package or 2 SDR per kilogram of gross weight. Critically, the claim must be commenced within one year of delivery — after that, the right is permanently extinguished and cannot be revived. We advise on whether the carrier’s defences hold up on your facts and identify the fastest recovery path, including through your marine cargo insurer.

Under UCP 600, the issuing bank has five banking days after presentation to accept or reject the documents. Any rejection must specifically identify every discrepancy relied on. If the rejection notice is defective — or if the alleged discrepancy is not a genuine discrepancy under UCP 600’s strict compliance doctrine — the bank may be precluded from raising it. We review the documents, the rejection notice, and the credit terms to advise whether the refusal is valid and what steps to take next, including whether an injunction to restrain the bank is available where fraud is in issue.

It depends on whether you are a “foreign person” under the Foreign Acquisitions and Takeovers Act 1975 (Cth), the value and nature of the target, and which sector it operates in. For most private foreign investors, the general threshold is $330 million (indexed annually). However, foreign government investors have a zero-dollar threshold for almost all acquisitions, and there is no monetary threshold at all for acquisitions of businesses in national security-sensitive sectors, critical infrastructure, critical minerals, defence, media, or businesses that hold sensitive personal data on Australians. We screen your transaction early so you know what is required before you sign — completing without required FIRB approval can void the deal and expose you to criminal penalties.

The choice between agency, distribution, joint venture, branch, and subsidiary involves different legal, tax, and regulatory trade-offs that vary by jurisdiction. An agent acts in your name, meaning you carry the contractual and liability exposure. A distributor buys and resells in its own name, giving you less control but shifting risk. A local entity (branch or subsidiary) gives you the most control and presence but also the most regulatory obligations. We advise on the structure from a legal risk perspective, draft the entry-level agreements, and coordinate with in-country advisers where needed.

For contracts with Australian counterparties, New South Wales or ACT law with a submission to Australian courts is a standard choice. For genuinely international contracts — especially where the other party is based in Asia — Singapore law with SIAC arbitration, or Hong Kong with HKIAC arbitration, are widely used and provide reliable enforcement internationally under the New York Convention. A poorly drafted arbitration clause is one of the most common and costly mistakes in cross-border contracting. We advise on the right seat, the right rules, and draft the clause to ensure it is enforceable in the jurisdictions that matter to your deal.

Australia has free trade agreements with most of its major trading partners, including the US (AUSFTA), China (ChAFTA), Japan (JAEPA), South Korea (KAFTA), ASEAN and New Zealand (AANZFTA), and the broader CPTPP bloc including Canada, Mexico, Vietnam, and others. These agreements can eliminate or reduce tariffs on qualifying goods, but only if you can demonstrate that the goods meet the applicable rules of origin. We advise on FTA eligibility, what origin documentation you need to maintain, and whether restructuring your supply chain could unlock additional preferential treatment.

Stop the transaction until the position is clear. Australian autonomous sanctions (administered by DFAT under the Autonomous Sanctions Act 2011 (Cth)) and UN Security Council sanctions regimes impose civil and criminal penalties for dealings with listed individuals, entities, or goods — even where the primary dealing is indirect. We advise on the scope of the applicable sanction, whether any exemption, licence, or carve-out applies, any reporting obligations that arise, and how to document the position to protect your firm.

The United Nations Convention on Contracts for the International Sale of Goods (CISG), also known as the Vienna Convention, is the primary international treaty governing cross-border sales of goods. It has been ratified by over 95 countries, including Australia, the United States, China, Germany, France, Japan, South Korea, and most of Australia’s major trading partners. The CISG sets out rules on contract formation, seller’s and buyer’s obligations, risk of loss, remedies for breach, and force majeure. It applies automatically to contracts between parties based in different Contracting States unless explicitly excluded.

Intellectual property rights are territorial — your Australian trade mark registration gives you no protection in China, the US, or the EU. If you are exporting products, licensing technology, or entering into distribution arrangements in overseas markets, you need to consider registration in each relevant jurisdiction. Failure to register early can mean a local competitor legitimately uses your brand in that market. We advise on cross-border IP protection strategy and draft the IP provisions in your distribution, licensing, and joint venture agreements.