Artboard 1Icon/UI/CalendarIcons/Ionic/Social/social-pinterestIcon/UI/Video-outline

Expertise

Dr Carl Hinze is a Partner in Holding Redlich’s Corporate & Commercial Group and is the national head of Holding Redlich’s China Practice. 

Carl’s practice focuses on complex cross-border corporate transactions, commercial matters and disputes. Carl is an expert on foreign investment regulation and is a trusted adviser in managing contract risk, executing mergers and acquisitions, and implementing joint ventures (both incorporated and unincorporated) and complex alliance arrangements. He has vast experience advising on Australia’s foreign investment regulatory framework, as well as strong skills in transaction structuring, project management and coordination. Carl has a particular a focus on the infrastructure, technology, healthcare, education, agriculture, financial services, manufacturing, and resources sectors. 

Carl has represented successfully multinational clients in large-scale international commercial arbitrations in mainland China, Hong Kong and Singapore for clients in the energy, manufacturing, resources, and construction and engineering sectors.

Carl previously worked in law and investment banking in China for 10 years. Carl has a PhD in Chinese Studies and speaks, reads and writes Mandarin. He is a leading expert on Chinese business culture and has guest lectured on law and culture at the East China University of Politics and Law, the Shanghai University of Finance and Economics, the China European International Business School and the University of Queensland. Carl is a co-editor of Oxford University Press’ Financial Services Regulation in Asia Pacific.

Experience

Corporate & Commercial

  • advised Risen Energy on the sale of the largest solar farm in Western Australia
  • advised a United States listed technology company on the acquisition of an Asia-Pacific cloud-based image rendering technology company 
  • advised a United States listed corporation in the technology sector on their Australian market entry and on acquiring the shares and assets of Australian cloud-based web-hosting companies
  • advised a Singapore-based global security company on restructuring their business 
  • advised on the sale of an Australian home care services provider
  • advised a large Chinese agribusiness group on acquiring assets in Australia
  • advised a large United States-incorporated company on a share sale as an exit from an Australian joint venture
  • advised Chinese, Singaporean, North American and United Kingdom-based clients on establishing joint ventures with Australian companies in the real estate, agribusiness, healthcare, education, manufacturing and technology sectors
  • advised a large Chinese real estate and agribusiness company on its investments and operations in Australia, including advising on investment agreements and distribution and reseller agreements
  • advised a Chinese company on an acquisition in the mining sector, including drafting and negotiating sale, call option and shareholder agreements
  • advised North American, European and Asian multi-national companies on their foreign investment and other activity in Australia as regulated by the Foreign Acquisitions and Takeovers Act 1975 (Cth), the Foreign Acquisitions and Takeovers Regulation 2015 (Cth), the Security of Critical Infrastructure Act 2018 (Cth), and the Federal Government’s Foreign Investment Policy
  • advised on notification of foreign investment in Australia in respect of notifiable actions, notifiable national security actions, significant actions and reviewable national security actions 
  • advised on notification to the registrar of foreign ownership of Australian assets in respect of interests in land, water assets, Australian entities and business assets
  • advised foreign companies on applications for exemption certificates in relation to acquisitions of interests in Australian land, assets and securities
  • advised foreign investors on obligations arising under the Security of Critical Infrastructure Act 2018 (Cth), and in particular the obligation for holders of critical infrastructure assets to provide certain information in relation to the operations of such assets and their interest and control to the Secretary to the Department of Home Affairs for inclusion on a private register 
  • advised clients on issues regulated by the National Security Amendment (Espionage and Foreign Interference) Act 2018 (Cth), Foreign Influence Transparency Scheme Act 2018 (Cth), and Australia’s Foreign Relations (State and Territory Arrangements) (Consequential Amendments) Act 2020 (Cth)
  • advised multi-national companies on China-related restructurings, including the disposition of stakes in Hong Kong and BVI-based joint ventures with equity interest holdings in Chinese subsidiaries
  • project managed and advised on an investment in Mongolia by a leading global coal company 
  • assisted an international oil and gas company in moving forward their business plans in Mongolia in respect of oil shale development 
  • advised a US clean-tech company on the purchase of biodiesel from mainland China and Hong Kong
  • advised a US clean-tech company on equity investments in hydro power plants in Sichuan and Hubei 
  • advised an international solutions providers on energy management contracting

Litigation

  • lead a complex large-scale litigation matter in the mining sector across two states in Australia
  • defended a senior executive of a multi-national company against claims of breaches of section 18 of the Australian Consumer Law
  • project managed several cross-border corporate (shareholder), commercial and employment-related litigation disputes in Australia and China, working together with foreign counsel 
  • participated in several financial dispute resolution matters in Hong Kong, including preparing for a number litigation proceedings

International dispute resolution and arbitration

  • represented claimants in an arbitration at the Hong Kong International Arbitration Centre in a commercial contract dispute governed by Hong Kong law
  • represented claimants in an arbitration at the Hong Kong International Arbitration Centre in a dispute relating to a Sino-foreign joint venture
  • represented claimants in an arbitration at the Hong Kong International Arbitration Centre in a construction contract dispute governed by Chinese law
  • represented (working with Chinese legal counsel) claimants in an arbitration at the Hong Kong International Arbitration Centre in a dispute relating to a large infrastructure project in China 
  • represented the claimant in arbitration filed with the Singapore International Arbitration Centre regarding a cross-border iron ore purchase agreement governed by Australian laws
  • represented (working with Chinese legal counsel) claimants in an arbitration at the Shanghai International Arbitration Centre in a dispute relating to a large infrastructure project in China 

Publications

28 July 2022 - Knowledge

Australia doubles its foreign investment application fees

#Corporate & Commercial Law

From 29 July 2022, all fees payable for a foreign investment application lodged with FIRB will double. The lowest applicable fee will rise from $2,000 to $4,000, and the highest applicable fee will rise from $522,500 to $1.045 million. An additional increase of penalties for non-compliance with Australia’s foreign investment framework is likely to follow.

13 July 2022 - Knowledge

Security of Critical Infrastructure Act 2018 – where are all the compliance timeframes?

#Corporate & Commercial Law, #Data & Privacy

We discuss the SOCI Act’s timeframes for compliance and when certain obligations under the legislation begin applying to your business.

29 June 2022 - Knowledge

New and improved SOCI Act: Initial observations

#Corporate & Commercial Law, #Data & Privacy

As the dust finally settles on the suite of amendments to the Security of Critical Infrastructure Act, we share some initial observations about how the regime impacts critical infrastructure entities and what these entities need to be mindful of when managing critical infrastructure assets in Australia.

30 March 2022 - Knowledge

Key policy developments affecting business with China in the Year of the Tiger

#Corporate & Commercial Law

Recent policy updates in China emphasise key strategies that underscore China’s increasing focus on transitioning to green energy and promoting the tech and innovation sector.

24 November 2021 - Knowledge

Security of Critical Infrastructure Act – the past, present and future

#Corporate & Commercial Law, #Data & Privacy

The passage of the Security Legislation Amendment (Critical Infrastructure) Bill 2021 in Parliament this week will see key amendments made to the Security of Critical Infrastructure Act 2018. We consider the likely impact of these changes on owners and operators of relevant critical infrastructure assets.

15 September 2021 - Knowledge

Dispute resolution across international borders: Should we be using arbitration?

#Dispute Resolution & Litigation

The use of commercial arbitration by Australian companies is increasing, especially in the context of cross-border business.

21 July 2021 - Knowledge

Changes to national security and critical infrastructure laws in 2021: Understanding the regime and the Treasurer’s new powers (Part 1)

#Corporate & Commercial Law

Major changes to Australia’s foreign investment regulatory regime have now been in place for seven months. Although complex, these changes are important to foreign investments in Australia. In this series, we navigate the changes and consider their implications on foreign investment through a series of short articles.

10 February 2021 - Knowledge

Key policy developments in China from 2021

#Corporate & Commercial Law

The pandemic has accelerated geopolitical and economic forces that are driving change in China’s relationships across the world. Despite the political chill between Australia and China, there is still blue sky ahead for Australian businesses doing business in and with China. As we soon head into the Year of the Ox, a year said to bring prosperity and business advancements, we look at two key policy developments in China that will bring opportunities for Australian companies – the 14th Five-Year Plan that sets out the overarching strategy and targets for economic and social development during the next five years and China’s economic goals through to 2035.

28 October 2020 - Knowledge

Shareholder disputes: How to avoid an ugly corporate divorce

#Corporate & Commercial Law, #Dispute Resolution & Litigation

COVID-19 has brought a spike in shareholder disputes and now is a good time to reflect on key issues that business owners can consider when taking a shareholding in a private Australian company. In this article, we set out some points to assist shareholders avoid a painful corporate divorce.

Upcoming Seminars