Establishment Law

21/03/2026

𝗜𝗿𝗮𝗻 𝘁𝗲𝗻𝘀𝗶𝗼𝗻𝘀 𝗮𝗻𝗱 𝗳𝗼𝗿𝗰𝗲 𝗺𝗮𝗷𝗲𝘂𝗿𝗲

With the escalating conflict involving Iran and the effective disruption of the Strait of Hormuz, many counterparties are turning to force majeure, sanctions, or “impossibility” to justify non-performance.

Whether those arguments succeed will usually come down to three practical points:

𝟭. 𝗧𝗶𝗺𝗶𝗻𝗴 𝗮𝗻𝗱 𝗰𝗼𝗺𝗺𝘂𝗻𝗶𝗰𝗮𝘁𝗶𝗼𝗻
It’s not enough that a contract mentions “war” or “sanctions.” How and when you notify counterparties can determine whether a claim holds up. Delayed or poorly documented communication can undermine even a valid case.

𝟮. 𝗔𝗰𝘁𝘂𝗮𝗹 𝗶𝗻𝗮𝗯𝗶𝗹𝗶𝘁𝘆 𝘁𝗼 𝗽𝗲𝗿𝗳𝗼𝗿𝗺
Force majeure typically applies when performance is genuinely impossible. Higher costs, longer transit times, or elevated risk rarely excuse non-performance. Claims fail if the obligation can still be performed, even with difficulty.

𝟯. 𝗘𝗳𝗳𝗼𝗿𝘁𝘀 𝘁𝗼 𝗺𝗶𝘁𝗶𝗴𝗮𝘁𝗲 𝗱𝗶𝘀𝗿𝘂𝗽𝘁𝗶𝗼𝗻
Parties are expected to explore realistic alternatives (different routes, suppliers or payment channels) before relying on a clause. Failing to mitigate often weakens claims, even in volatile situations.

Companies exposed to Iran or Gulf-linked routes should take stock now. Identify which contracts and payment channels are at risk, review force majeure and sanctions clauses in context, and make sure internal teams know exactly how to issue or respond to notices quickly.

This post offers general information only and does not constitute legal advice. Establishment Law advises on cross-border disputes and international trade. Contact us for tailored guidance.

09/02/2026

𝗜𝗻𝘃𝗲𝘀𝘁𝗶𝗻𝗴 𝗶𝗻 𝗔𝘂𝘀𝘁𝗿𝗮𝗹𝗶𝗮 𝗳𝗿𝗼𝗺 𝗦𝗶𝗻𝗴𝗮𝗽𝗼𝗿𝗲 𝗶𝗻 𝟮𝟬𝟮𝟲

Australia remains a key destination for Singapore investors seeking scale and stability. Understanding when foreign investment notifications are required can help investors plan transactions and manage regulatory obligations effectively.

In general, Singapore investors must notify the Australian government before taking any of the following actions:

𝗟𝗮𝗻𝗱 𝗮𝗻𝗱 𝗹𝗮𝗻𝗱-𝗿𝗲𝗹𝗮𝘁𝗲𝗱 𝗶𝗻𝘃𝗲𝘀𝘁𝗺𝗲𝗻𝘁𝘀
• Acquiring any interest in Australian land or an Australian land entity that exceeds the following thresholds:
o Agricultural land - AU$15 million
o Developed commercial land - AU$1,498 million
o Mining or production tenements - AU$0
o National security land - AU$0
o Residential land - AU$0
o Vacant commercial land - AU$0

𝗢𝘁𝗵𝗲𝗿 𝗶𝗻𝘃𝗲𝘀𝘁𝗺𝗲𝗻𝘁𝘀
• Acquiring a substantial interest (usually 20% or more) in an Australian business or entity operating in a prescribed sensitive sector that exceeds AU$347 million in value
• Acquiring a substantial interest (usually 20% or more) in an Australian business or entity not operating in a prescribed sensitive sector that exceeds AU$1,498 million in value
• Acquiring a direct interest in an Australian business or entity operating in the media sector
• Acquiring a direct interest (generally at least 10%, or in a position of control) in Australian agribusinesses cumulatively valued at AU$75 million or more

𝗡𝗮𝘁𝗶𝗼𝗻𝗮𝗹 𝘀𝗲𝗰𝘂𝗿𝗶𝘁𝘆 𝗮𝗰𝘁𝗶𝗼𝗻𝘀
• Acquiring a direct interest (generally at least 10%, or in a position of control) in a national security business or otherwise taking any action considered a notifiable national security action, regardless of value

Non-compliance can result in severe consequences, including disposal orders requiring divestment of the investment, substantial fines and imprisonment.

Additional considerations include the following:
• For foreign government investors and related entities, monetary thresholds are AU$0 across most categories. Notification is almost always required.
• Even investments that fall below monetary thresholds remain exposed to ongoing review by the Treasurer, particularly where national security risks emerge. Voluntary notification can secure the investment against future review.

Early strategic planning can help anticipate regulatory conditions, minimise delays, and preserve deal certainty.

This post offers general information only and does not constitute legal advice. Establishment Law advises on foreign investment. Contact us for tailored guidance.

06/02/2026

𝐄𝐧𝐟𝐨𝐫𝐜𝐢𝐧𝐠 𝐒𝐢𝐧𝐠𝐚𝐩𝐨𝐫𝐞 𝐂𝐢𝐯𝐢𝐥 𝐉𝐮𝐝𝐠𝐦𝐞𝐧𝐭𝐬 𝐢𝐧 𝐀𝐮𝐬𝐭𝐫𝐚𝐥𝐢𝐚

In Australia, foreign judgments are recognised and enforced under the Foreign Judgments Act 1991 (Cth) (the “Act”). Singapore is a prescribed jurisdiction under the Foreign Judgments Regulations 1992, permitting eligible Singapore judgments to be enforced in Australia by registration.

𝐑𝐞𝐪𝐮𝐢𝐫𝐞𝐦𝐞𝐧𝐭𝐬
A Singapore civil judgment may be registered under the Act if:
• it is a final or interlocutory judgment or order made by a superior Singapore court;
• it is for the payment of a sum of money (other than taxes, fines, or penalties);
• it remains enforceable in Singapore; and
• it has not been wholly satisfied.

Non-money judgments cannot be registered under statute, but may, in limited circumstances, be enforced by a fresh action at common law.

𝐓𝐢𝐦𝐞 𝐥𝐢𝐦𝐢𝐭
An application for registration must be made within six years of the date of the Singapore judgment.

𝐆𝐫𝐨𝐮𝐧𝐝𝐬 𝐭𝐨 𝐬𝐞𝐭 𝐚𝐬𝐢𝐝𝐞 𝐫𝐞𝐠𝐢𝐬𝐭𝐫𝐚𝐭𝐢𝐨𝐧
Registration may be set aside only on limited grounds, including where:
• the Singapore court lacked jurisdiction;
• the judgment was obtained by fraud;
• the judgment debtor did not receive notice of the proceedings in sufficient time to enable them to defend them and did not appear; or
• enforcement would be contrary to Australian public policy.

Where the Act does not apply, a judgment creditor may still seek enforcement at common law. Early strategic advice is critical to selecting the appropriate pathway, complying with the requirements, and avoiding costly procedural missteps.

This post offers general information only and does not constitute legal advice. Establishment Law advises on cross-border enforcement strategies. Contact us for tailored guidance.

31/01/2026

𝐍𝐞𝐰 𝐀𝐌𝐋/𝐂𝐓𝐅 𝐑𝐮𝐥𝐞𝐬 𝐟𝐨𝐫 𝐍𝐒𝐖 𝐁𝐮𝐬𝐢𝐧𝐞𝐬𝐬𝐞𝐬 – 𝐄𝐟𝐟𝐞𝐜𝐭𝐢𝐯𝐞 𝟏 𝐉𝐮𝐥𝐲 𝟐𝟎𝟐𝟔

From 1 July 2026, anti-money laundering and counter-terrorism financing (AML/CTF) obligations will apply to designated services typically provided by tranche 2 entities, namely:
• real estate agents and property developers
• dealers in precious stones, metals and products
• lawyers
• conveyancers
• accountants
• trust and company service providers

𝐊𝐞𝐲 𝐂𝐨𝐦𝐩𝐥𝐢𝐚𝐧𝐜𝐞 𝐑𝐞𝐪𝐮𝐢𝐫𝐞𝐦𝐞𝐧𝐭𝐬
If your business provides any designated service, you qualify as a reporting entity and must:
• enrol with AUSTRAC (enrolment portal opens 31 March 2026; due by 29 July 2026);
• implement a full AML/CTF compliance framework; and
• comply with other AML/CTF obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).

Use AUSTRAC’s online tool to check whether your business may be regulated: https://www.austrac.gov.au/amlctf-reform/check-if-you-may-be-regulated-reform

𝐏𝐞𝐧𝐚𝐥𝐭𝐢𝐞𝐬 𝐟𝐨𝐫 𝐍𝐨𝐧-𝐂𝐨𝐦𝐩𝐥𝐢𝐚𝐧𝐜𝐞
Breaches constitute strict liability offences and may attract:
• civil penalties up to $22.2 million per breach; and
• criminal penalties including up to 5 years imprisonment and fines to $2.22 million.

This post offers general information only and does not constitute legal advice. Establishment Law advises on AML/CTF compliance strategies. Contact us for tailored guidance.

Check if you may be regulated From 1 July 2026, anti-money laundering and counter-terrorism financing (AML/CTF) law will be extended to certain services typically provided by: real estate agents and property developers dealers in precious stones, metals and products lawyers conveyancers accountants....

14/12/2021

Happy holidays.

16/11/2021

Proud to announce that Establishment Law was included in the 2022 Edition of Best Lawyers in Singapore.