Emma Donaghue

Partner

Emma offers a unique combination of working first-hand in the investment funds 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 the establishment and ongoing operation of MISs (listed and unlisted), banking and finance transactions, 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 and is a member of the Property Funds Association Issues and Regulatory Committee.

Recent Work

• CrowdProperty – advising on establishing their marketplace lending business in Australia, following the success of their business in the UK, including assisting with the structure and documentation of their loan portfolio which centers around small property developments and involves negotiating intercreditor arangements with junior lenders.
• Invest Blue – advising Invest Blue on their $2 million loan facility to Sydney-based fintech Lumiant, including the loan and security documentation as well as preparing and negotiating the intercreditor arrangements between Invest Blue, Lumiant, and their US investor Savant Capital LLC.
• Forza Capital – advising Forza Capital on debt facilities for the acquisition of various properties across Australia.
• Chauvel Capital (now Qualitas) – advising on the acquisition of a $150 million portfolio of retail shopping centre and childcare development sites across South East Queensland, including advising on legal due diligence, complex contract negotiation and conveyancing, retail leasing, development management and construction documentation, and finance facility.
• WINIM Group – advising on establishing a number of wholesale development funds for the WINIM Group for development projects based in Sydney and Brisbane, including advising on AFS licensing requirements, structuring and establishing the development funds, and investment management and development agreements and offer documents.
• Gryphon Capital Income Trust – advising One Managed Investment Funds Limited and Gryphon Capital Investments on establishing the Gryphon Capital Income Trust and subsequent listing on the ASX.
• 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.
• YHA – advising YHA on the refinance of their debt facilities following the loss of income of the business during COVID where the refinance involved a syndicated facility of approximately $200 million secured against a portfolio of leasehold and freehold property across Australia.
• $200 million Facility Refinance – reviewing and negotiating facility documents and security for the $200 million refinancing of senior and mezzanine debt facilities for the responsible entity of a large registered managed investment scheme holding property in Queensland, Victoria and the Australian Capital Territory.
• Investment Through a Debt Structure – successfully structuring projects where investment from a joint venture party is structured as debt to minimise tax and duty implications which usually involves the investor taking a second mortgage position behind the senior debt financier and drafting ‘custom made’ security documents and significant negotiations.