Artboard 1Icon/UI/CalendarIcons/Ionic/Social/social-pinterest

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. Before joining the firm, Carl worked for over 10 years in mainland China and Hong Kong in the fields of investment banking and law. 

Carl’s practice focuses on complex cross-border corporate transactions and commercial matters. Carl is a trusted advisor in managing contract risk, executing mergers and acquisitions, and implementing joint ventures (both incorporated and unincorporated) and complex alliance arrangements. He has strong skills in transaction structuring, project management and coordination. Carl has a particular a focus on the infrastructure, education, agriculture, financial services, manufacturing and resources sectors. 

Carl is a co-editor of Oxford University Press’ Financial Services Regulation in Asia Pacific. He is fluent in Mandarin and is a recognized expert in Chinese business culture. He 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.

Experience

Corporate & Commercial

  • advised a United States listed corporation in the technology sector on their Australian market entry and on acquiring the shares and assets of Australian companies
  • advised a Chinese State-owned Enterprise on restructuring its Australian subsidiaries
  • 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 on deeds of settlement and share transfers in the context of exits from incorporated joint ventures in Australia
  • 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 Chinese solar companies on power purchase agreements and solar leasing agreements in Australia
  • 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
  • advised a Chinese company on an aircraft lease and related management agreement
  • 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 in China
  • advised a global beverage company on a share swap involving the exchange of shares and of debt in 10 enterprises in China held through offshore vehicles 
  • advised Fortune 500 companies on the restructuring of their Chinese holding companies into regional headquarters 
  • advised a European company on the negotiation and execution of a US$2 billion contract for the construction by a Chinese entity of various floating cranes and oil rigs. 

Litigation

  • lead a complex large-scale litigation matter in the mining sector across two states in Australia
  • 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 (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 
  • represented claimant in arbitration filed with the Singapore International Arbitration Centre.


Publications

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.

12 August 2020 - Knowledge

New rules for a new international security environment: Ongoing reform to Australia’s foreign investment review framework

#Corporate & Commercial Law

The Australian government has released the exposure draft legislation for its proposed reforms to the foreign investment review framework. We look at the legislation in detail.

13 May 2020 - Knowledge

New foreign investment proposals during COVID-19 recovery: Key considerations for prospective investors

#Corporate & Commercial Law, #COVID-19

Are you looking to submit a new foreign investment proposal to the Foreign Investment Review Board? Read our checklist to ensure you meet the approval requirements in the current circumstances.

29 April 2020 - Knowledge

Privacy update: OAIC guidance on managing employee and visitor health information during COVID-19

#Corporate & Commercial Law, #Data & Privacy, #COVID-19

Many organisations have been implementing or expanding remote working arrangements for employees as a response to COVID-19. However, organisations must continue to manage personal information in accordance with legal requirements relating to privacy.

01 April 2020 - Knowledge

Enhanced foreign investment scrutiny during COVID-19 crisis

#Corporate & Commercial Law, #COVID-19

As of 10:30pm AEDT on Sunday 29 March 2020, important temporary changes to Australia’s foreign investment review framework have come into effect to protect the national interest during the COVID-19 crisis. These changes mean that, for the duration of the coronavirus crisis, all relevant foreign investments into Australia will require FIRB approval, regardless of the value, nature or country of origin of the foreign investor.

22 January 2020 - Knowledge

Key developments affecting business with China in the Year of the Rat

#Corporate & Commercial Law

As Chinese New Year celebrations ramp up, we pause to consider important developments that will impact business between Australia and China in 2020.

Upcoming Seminars