Marcus Clark Partner

Marcus is a corporate lawyer focusing on mergers and acquisitions, and foreign investment (FIRB) clearances.

Marcus has previously practised in Bangkok, Hong Kong, New York and Singapore. His international experience gives Marcus particular expertise with assisting clients to execute a variety of cross-border transactions, including acquisitions, joint ventures, and strategic alliances and investments.

Marcus is the Deputy Chairman of the Foreign Investment Committee of the Business Section of the Law Council of Australia, the principal forum for liaison on foreign investment laws between the Commonwealth Government and the Australian legal profession.

Marcus is an author of Foreign Investment in Australia, published by Thomson Reuters, the principal legal resource for Australia's foreign investment laws, including FIRB notification requirements.

Experience

General

Dalian Wanda

A$1.13 billion sale of its Australian real estate development interests to Yuhu Group.

Flight Centre Travel Group

Establishment of the S.E Asian-based Buffalo Tours destination management joint venture with Thien Minh Group, including acquisition of existing businesses in Burma, Cambodia, Laos, Thailand and Vietnam.

Public Sector Pension Investment Board

Establishment of a cattle joint venture, using a managed investment trust structure, and acquisition of an initial portfolio comprising six Queensland cattle stations.

Foxtel

Equity investment in Network Ten and entry of Network Ten into the Multi-Channel Network media advertising joint venture; acquisition of the Premium Movie Partnership from the major US movie studios; and A$1.9 billion acquisition of AUSTAR, an ASX-listed cable television distributor, by scheme of arrangement.

Tianqi Group

C$850 million acquisition of Talison Lithium, a TSX-listed Western Australian lithium miner, including negotiation of consortium arrangements with a sovereign co-investor. Subsequent US$1 billion joint venture with Rockwood Holdings covering Talison Lithium and options over Rockwood's European and Asian lithium chemicals business.

Foreign Investment (FIRB) Clearances

Various industries

Acting for Arlington Capital Partners (national security), AVID Property Group (residential real estate), Axima Concept (defence subcontractor), Australian Gas Infrastructure Group (energy), Cargill (agriculture), China Investments Corporation, China Resources Holdings (health), DSV Panalpina (logistics), Fiera Comox (agriculture), Foxtel (media), InterGen (energy), Microsoft (data centres), Mubadala Investment Company (commercial, real estate), MH Premium Farms (agriculture), News Corporation (media), Oaktree Capital (commercial real estate), Public Sector Investment Board (agriculture), STG Partners (security software), Tianqi Lithium (mining), Veritas Capital (defence contractor) and Virgin Orbit (satellites).

Recognition

Career & qualifications

Qualifications

  • Bachelor of Laws (Hons), University of Queensland

Memberships

  • Fellow, The Australian and New Zealand College of Notaries

International experience

  • Attorney and Counselor-at-law of the State of New York, New York
  • Former Partner with Allens, Bangkok, Singapore and Sydney
  • Former Corporate Associate with Cravath, Swaine & Moore LLP, Hong Kong and New York
  • Former casual securities law lecturer in LLM programmes at University of Peking in Beijing and Assumption University in Bangkok, China and Thailand

Insights Read more insight

What the latest FIRB reforms mean for Australia’s infrastructure investment

The Federal Treasurer has announced reforms to Australia’s foreign investment framework which will come into effect on 1 January 2021.

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FIRB releases new guidance notes for foreign purchasers

On 25 September, Australia’s Foreign Investment Review Board issued 2 guidance notes, designed to clarify Australia’s foreign investment policy in 2 key areas - acquisition of agricultural land and...

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Review of the regulatory and tax landscape for foreign investors in December 2017

Updated article: originally published as 'review of the regulatory and tax landscape for foreign investors.'

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News

External publications

  • Author of Foreign Investment in Australia, loose-leaf service published by Thomson Reuters
  • Author of A greater yield: Attracting investment into Australian agribusiness, published by Mergermarket Group

Submissions

  • Submission to The Treasury in response to its options paper, Strengthening Australia's Foreign Investment Framework

Presentations

  • Cyber security and the Critical Infrastructure Bill - BLS Report Podcast
  • Recent and Proposed Changes to Australia's Foreign Investment Rules – presentations to Commonwealth Bank of Australia, Australia and New Zealand Banking Group Limited, Westpac Banking Corporation and Macquarie Group
  • Where is FIRB Post GrainCorp? – presentation to Akolade Mergers & Acquisitions Form
  • Governance Across Borders – presentation to Chartered Secretaries Australia
  • Investing and Doing Business in Asia – presentation to Corporate Counsel Series