Carbon, Food and Agribusiness, International, Foreign Investment, Tax and Structuring
Acting for large international and Australian organisations, fund and investment managers, and private clients, Duncan designs and implements structures for transactions and asset ownership, securing cost-effective tax and stamp duty outcomes. This includes advising on stamp duty exemptions, assessments, private rulings and objections. Additionally he advises on corporate restructures, demergers, holding company interpositions and rollovers and general commercial matters. Duncan is also the Chair of the Revenue Law Committee at the Queensland Law Society.
Duncan is also an integral member of our foreign investment team and has significant experience in dealing with the Foreign Investment Review Board (FIRB) in satisfying the regulatory requirements for foreign investment in Australia, including as a member of the Law Council of Australia Foreign Investment Committee. He guides international investors through this regulatory process, including navigating the complex tax and duty implications, and works closely with our Corporate team in relation to deal structuring, negotiation and implementation.
High Court upholds State tax foreign surcharges
Proceedings initiated for non-compliance | Foreign investment law
Acting for New Zealand Super Fund in relation to its investments into Australian agriculture, including both the initial investment into the Palgrove business and ongoing farm acquisitions, covering all aspects of foreign investment compliance.
Providing ongoing FIRB approval and compliance advice for Consolidated Pastoral Company, one of the largest landholders in Australia.
Acting on the restructure of the Grove Juice business, a family-owned mixed farming and juicing business, and the subsequent equity investment by a foreign private equity fund.
Advising in connection with its Stafford International Timberland Funds, including providing FIRB advice in relation to the acquisition of an indirect interest in Australian forestry assets, and providing duty, FIRB and tax advice in relation to the restructure of SIT funds.

Providing FIRB advice and approvals (including fee waivers), duty and tax advice and transaction structuring on the acquisition of a portfolio of student accommodation assets.
Successfully obtaining ex-gratia relief from Queensland foreign surcharge land tax for foreign investors in the ag sector, including relying on regional significance to meet the relief requirements.

FIRB advice and successful application for exemption certificates for US based private equity fund for a program of Australian property acquisitions and subsequent changes in foreign investor participation.

Advising on the availability of primary production land tax exemptions for landholders and implementing structures to ensure that foreign investors qualify for the exemption.