Listed counsel
Claire Bennett
Real Property lawyer in Oceania · Real Estate Development
About
Profile
Australian Real Estate Law for Overseas Investors
Claire Bennett assists overseas buyers, developers, and investors with Australian real estate acquisitions, FIRB approvals, conveyancing, and property development compliance from her Sydney practice at Bennett Property Lawyers.
Australia maintains a comprehensive regulatory framework governing foreign investment in real estate, administered by the Foreign Investment Review Board under the Foreign Acquisitions and Takeovers Act 1975. Overseas buyers, including Chinese nationals and companies, must navigate application requirements, fee structures, and holding period obligations that vary by property type and value. Claire Bennett guides clients through each stage of the acquisition process, from initial eligibility assessment through settlement and ongoing compliance.
Her practice covers residential real estate acquisitions by temporary residents and non-residents, commercial property investments, vacant land and development site purchases, and agribusiness land acquisitions. Each category attracts different FIRB application thresholds, fee calculations, and conditions. Claire helps clients determine which exemption or application pathway applies to their specific transaction, prepares the required documentation, and manages the application timeline to align with contract dates.
The Australian foreign investment framework underwent significant changes in recent years, including the introduction of application fees calculated as a percentage of property value, tighter enforcement of conditions through compliance monitoring, and expanded powers for the Treasurer to order divestment when conditions are breached. Claire Bennett keeps her clients informed of these developments and structures transactions to minimise regulatory risk while achieving the client's investment objectives.
FIRB Application Process and Strategy
The FIRB application process requires detailed disclosure of the purchaser's identity, ownership structure, funding sources, and intended use of the property. Claire Bennett prepares applications that present the transaction in its most favourable light while ensuring full disclosure of all material facts. She advises on the strategic timing of applications in relation to exchange of contracts, the use of conditional clauses that make the contract subject to FIRB approval, and the negotiation of vendor terms that accommodate the 30-to-90-day FIRB assessment period.
For developers and investors acquiring multiple properties or development sites, Claire advises on the use of new dwelling exemptions, the vacant land exemption for continuous development, and the exemption certificate framework that streamlines approvals for large-scale development projects. She also manages the post-approval compliance obligations, including notification requirements when circumstances change and the record-keeping needed to demonstrate ongoing compliance with FIRB conditions.
Conveyancing and Property Due Diligence
Claire Bennett conducts comprehensive due diligence on residential and commercial property acquisitions, including title searches, zoning and land use verification, building and pest inspection review, and the identification of any easements, covenants, or caveats affecting the property. She coordinates with mortgage brokers, accountants, and tax advisors to ensure that the acquisition structure meets both the client's investment goals and Australian tax and stamp duty requirements.
Her conveyancing practice covers the full transaction cycle: review and negotiation of the contract of sale, coordination of cooling-off period requirements, management of deposit and balance payment timelines, preparation of transfer documents, and attendance at settlement. She also handles the GST and withholding obligations that apply to certain property transactions, ensuring that her foreign clients meet their tax compliance responsibilities from the outset.
Property Development and Commercial Investment
For clients investing in commercial property or undertaking development projects, Claire Bennett advises on the additional regulatory layers that apply, including state-level planning approvals, environmental impact assessments, and construction licensing requirements. She works with town planners, architects, and quantity surveyors to identify potential approval risks early in the due diligence process and structures development agreements to allocate risk appropriately between the landowner, developer, and builder.
Claire also advises on the foreign investment rules specific to commercial real estate, including the requirement that developments on vacant land commence within five years of approval and the restrictions on leasing commercial property to related parties. She helps clients structure joint ventures, trust arrangements, and corporate vehicles that comply with the ownership and control requirements of the foreign investment framework while achieving their commercial objectives. Her practice includes advising on the disposal of Australian real estate, including the capital gains withholding regime that requires vendors to withhold 12.5 per cent of the sale price for foreign residents.
Sydney Practice Context
Based in Sydney, Claire Bennett serves a diverse client base that includes Chinese investors acquiring residential property, Hong Kong-based developers undertaking mixed-use projects, and Singaporean and Malaysian family offices establishing commercial property portfolios. Sydney's position as Australia's largest city and primary destination for foreign real estate investment means that Claire handles a high volume of FIRB applications and has developed established working relationships with FIRB case officers and the Australian Taxation Office compliance teams.
Her bilingual capability in English and Mandarin enables direct communication with Chinese clients and their advisors throughout the transaction process. She coordinates with real estate agents, tax advisors, and migration agents to deliver integrated advice that addresses the full scope of her clients' needs when acquiring property in Australia.
Practice
Practice areas
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Location
Service city
Credentials
Professional credentials
| Law firm | Bennett Property Lawyers, Sydney |
|---|---|
| Years of experience | 9+ years |
| Languages | English, Mandarin |
| License number | NSW-LS-2017-2356 |
| Bar association | Law Society of New South Wales |
| Bar admission | Admitted 2017 |
| Law school | University of Sydney Law School |
| City | Oceania |
Insights
Articles by Claire Bennett
Selected posts from the Lawyer Blog — educational only, not legal advice.
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