Emma Donaghue

Partner

Emma offers a unique combination of working first-hand in the industry as legal counsel for a corporate and government bonds specialist together with over 10 years' experience advising clients in the funds management and financial services industries. Emma's areas of practice include banking and finance transactions, the establishment and ongoing operation of MISs (listed and unlisted), and AFS licensing. She has particular expertise in debt funds, from establishment through to structuring and documenting debt facilities. Our clients describe Emma as clear thinking, resourceful and results focused. Emma has a Master of Laws focused on financial services and previously worked in the Banking & Finance team of a national law firm. Emma is recognised in Best Lawyers in Australia for Banking & Finance Law.

Recent Work

• Forza Capital Pty Ltd – advising Forza Capital Pty Ltd on debt facilities for the acquisition of various properties across Australia.
• Multiple Capital – advising Multiple Capital, a joint venture with Mulpha Funds Management out of Malaysia, on establishing special purpose note issuing vehicles for raising equity capital to on lend to property and development opportunities.
• White & Partners – advising White & Partners, a real estate investment and advisory firm and a fund manager targeting investment from wholesale clients (forming part of the Ray White group of companies) on establishing about 10 managed investment schemes each year, including mortgage funds such as Bellevue Hill First Mortgage Trust, Double Bay First Mortgage Trust, and Peakhurst First Mortgage Trust. We provide structuring advice to the trustee, establish the relevant structure (often a head fund/sub fund), structure the debt facility, and prepare the loan and security documents.
• WINIM Funds Management – advising on establishing a number of wholesale development funds for the WINIM Group for residential projects based in Sydney and Brisbane, including advising on AFS licensing requirements, structuring and establishing the development fund, and investment management and development agreements and offer documents.
• Gryphon Capital Income Trust – advising One Managed Investment Funds Limited (OIG) and Gryphon Capital Investments Pty Ltd (GCI) on establishing the Gryphon Capital Income Trust (GCIT) and subsequent listing on the ASX.
• Centuria 80 Grenfell Street Fund – assisting Centuria Property Funds Limited launch the Centuria 80 Grenfell Street Fund, a single-asset, closed-ended unlisted property fund investing in a 50 percent interest in a premier A-grade office tower located at 80 Grenfell Street in the Adelaide CBD (South Australia), including establishing the fund, registering the offer of investment to retail clients, developing a new exit mechanism for investors, and negotiating and settling the acquisition of the asset through a share sale.
• Assurity Mortgage Fund – advising on establishing this wholesale debt fund, a hybrid structure offering investment into both pooled and contributory options, plus advising on debt structures and preparing loan and security documents for subsequent deals.
• Allfin Capped Interest Fund – Series 1 – acting for MARQ Private Funds Pty Ltd, the trustee of the Allfin Capped Interest Fund – Series 1, on establishing the fund which provides an innovative source of lending to owners of retail pharmacies, preparing the information memorandum, drafting a bespoke loan agreement, preparing a loans manual for the fund, verifying the information memorandum, plus preparing loan and security documents for financing deals.