Impact Investing

Invest with purpose

The impact investing sector in Australia is rapidly expanding. In a short two years, the market grew from $30 billion in 2021 to $78 billion in 2023 – a remarkable 260% increase. It's forecasted to reach $500 billion in 2025.

In today's purpose-driven market with compassion at its core, it's important to have the right legal guidance. Our team of lawyers bring the knowledge, skills, and network – and alignment to your vision - to help you overcome complex legal, tax and commercial challenges.

We've got a track-record in this space. We walk the talk with our own business, and we have a vision for how you can make your impact, too.

Helping our clients' deliver impact

Our mission is to support you in channelling your capital toward meaningful change by investing in solutions that tackle the world’s most urgent social and environmental issues, while ensuring you achieve your desired level of commercial returns. We embrace systems thinking for your investment, so that businesses can drive lasting positive systemic change without disrupting other parts of the targeted system.

Here are some of the ways we have helped our clients deliver impact.

First nation's impact investment

Our client wanted to strategically invest in an Aboriginal-owned company to ensure its long-term growth and strengthen its positive impact within the local Aboriginal community. The main challenge was working through complex legal and regulatory requirements to maintain valuable benefits from State and Federal Indigenous procurement policies. The company also needed to keep its important 'Supply Nation Certified Supplier' status after the investment.

We provided tailored strategic, legal, and tax advice to navigate these challenges smoothly. Our team guided the client through the preservation of governmental Indigenous procurement policies, ensuring compliance and the retention of associated benefits, and structured the investment carefully to protect the company's Indigenous supplier status. Additionally, our tax experts advised on creating a charitable trust, giving the investor an effective way to reinvest profits into their desired charitable causes.

We advised our client on a potential investment in an Aboriginal-owned company without compromising its certification or procurement advantages — ensuring long-term growth and lasting community impact.

Transacting for nature enhancement

Through innovative land use strategies and collaborative negotiation, we helped our client turn a former timber site into a thriving koala conservation sanctuary with sustainable outcomes for all parties involved.

A private investor sought to acquire a former timber industry property north of Sydney with the aim of transforming it into a dedicated koala conservation site. The transaction was complex, involving legacy land use regulations from its previous timber operations, the former owner’s desire to retain a connection to certain areas, and alignment with a not-for-profit conservation organisation’s mission.

We facilitated a collaborative acquisition with a not-for-profit conservation company that would manage the land and provide strategic ecological guidance. Through extensive negotiations, we developed innovative solutions for land use management and access rights that addressed regulatory hurdles, respected the former owner's wishes, and allowed the investor to retain access to the property for revenue generation in harmony with its new conservation status.

Turning capital into positive change

We advised a global leader in alternative investments on the establishment of its Australian build-to-rent (BTR) affordable housing fund— an ambitious initiative designed to address two of Australia's most pressing challenges - housing affordability and environmental sustainability, while offering long-term value for investors.

We delivered end-to-end legal support to AXA-IM Alts in the creation of the fund, advised on investor negotiations, fund structuring, and drafting of all core transaction documents. The transaction involved navigating a range of complex, nuanced legal issues, supported by our cross-disciplinary teams in tax, banking and finance, and corporate law to ensure seamless execution and alignment with the fund's commercial goals and its broader social impact objectives.

The fund secured a cornerstone A$100 million investment from the Clean Energy Finance Corporation (CEFC), helping raise total equity commitments of A$320 million. With an ambition to deliver up to 3,000 BTR apartments across Sydney, Melbourne, and Brisbane, more than half of these homes will be reserved as affordable housing for essential workers. All developments under the fund will be fully electrified, powered by 100% renewable energy, and designed to meet high sustainability benchmarks, including a 5-star Green Star rating.

The fund represents an innovative step toward solving Australia’s housing affordability crisis—combining institutional investment with sustainable, long-term housing solutions for essential workers.

Additional experience

Confidential investor: Advised on Australia's first sustainable end-of-life care project which will transform the traditional end-of-life industry with the use of market-leading technology for a more environmentally sustainable outcome.

Confidential matter: Advised on a community initiative which involved consideration of complex governance frameworks to align with steward-ownership principles, ensuring tax efficiency to avoid leakage which could instead be redistributed for the project's social and environmental purpose, and supporting mission-aligned capital raising.

Palisade Impact: Advised Palisade Impact, who focuses on unlisted investments that intentionally target solutions to environmental and social challenges, on tax structuring, assistance with the setup of the impact fund and ongoing advice in relation to each acquisition made by the fund.

HOPE Housing: Provided HOPE, a not-for-profit initiative assisting essential service workers (including police, nurses, emergency services and teachers) afford housing closer to where they work, with tax advice.

BaptistCare: Advised BaptistCare in relation to the acquisition of numerous aged care and retirement villages that provide high quality care along with a strong sense of community.

Housing Australia: Advised Housing Australia on the roll-out of the HAFF and the Accord which are Australian Government funding initiatives to support the delivery of 20,000 new social and 20,000 new affordable homes across Australia over 5 years.

AXA-IM Alts: Advised on the construction financing for its first Australian build-to-rent project incorporating social and affordable housing. This was the first public private partnership between NHFIC and institutional capital.

Multinational client: Advised the sellers of a multinational organisation on the sale of its Australian business, ensuring the protection of employee jobs and facilitating the buyer’s acquisition through a flexible loan structure with favourable repayment terms.

Funds and regulatory experience

Copenhagen Infrastructure Partners (CIP): Advised on the establishment of the Australian parallel fund as part of CIP's Copenhagen Infrastructure IV - the world's largest dedicated greenfield renewable energy fund. This is the first Danish, Luxembourg and Australian parallel fund structure in the world.

QIC: Advised on the establishment of the $500 million Queensland Natural Capital Fund (QNCF). The QNCF aims to invest in land that can generate agricultural and environmental market returns from capital appreciation, operating yield/lease and environmental credits and regional communities.

Origin Energy: Provided regulatory and licensing advice regarding the scope of its AFSL authorisations and any applicable exemptions in respect of the ability to deal in Australian carbon credit units (ACCUs) (both on its own behalf and on behalf of other group entities).

Ampol: Provided regulatory and licensing advice on the establishment of a Future Energy division, including advice in respect of licensing requirements for carbon credits and electricity sales as well as inter-company services agreements.

Insights

Capital with a conscience: the continued rise of impact investing

18 Mar 2025

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Impact investing: A force for future good and... financial returns

01 May 2024

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Media Release: “We can all play a role”: Clayton Utz special counsel sees opportunity with ESG agenda to help tackle child sexual exploitation and abuse

03 Aug 2022

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Affordable housing needs a COVID cure

04 Aug 2023

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The current state of play: State and Territory land tax relief for Build-to-Rent (BTR) projects

23 Jun 2023

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What is the National Strategy to Prevent and Respond to Child Sexual Abuse 2021-2030 and how will it affect businesses?

24 Nov 2022

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eSafety Commissioner’s new powers to help combat online child sexual exploitation, and the ESG impact on business

16 Sep 2022

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Stay informed

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