Here are some of our work highlights demonstrating our capabilities and expertise in Funds Management across the agribusiness sector.
Acting for Kilter Investments on the Australian Farmlands Fund, a stapled wholesale agribusiness fund comprising a landowning vehicle and an operations vehicle, including establishing the fund, preparing the constitution with appropriate stapling provisions, negotiating the subscription agreement with institutional investors, reviewing and settling the information memorandum, and advising on cross-border capital placement agreements.
Advising on the unique restructure of the registered fund Old Mundulla Vineyard Project involving implementing the restructure, drafting an explanatory memorandum for a meeting of investors to approve amendments to the fund constitution and the restructure overall, preparing a prospectus for the share issue, and applying to ASIC for cancellation of Blaxand’s AFS licence.
Lead adviser to MARQ, a specialist independent wholesale fund trustee, including structuring advice on multi-layered funds, establishing funds in different sectors, including agribusiness, preparing information memoranda for each fund, and conducting verification on the disclosure content.
Lead adviser to Kilter Investments, the trustee of this innovative social impact fund established and sponsored by The Nature Conservancy. The fund has financial, environmental and social objectives achieved through buying, leasing and trading water and donating annual amounts to both agriculture and ecologically significant wetlands.
Advising the trustee of this multi-unit class fund dedicated to investment in the agribusiness sector, including establishing the fund's constitution and advising on a multi-part offer document so investors could select their investments based on the underlying assets.
Advising on restructuring multiple agribusiness investment schemes with investors securing or increasing their stake in landholding vehicles.
Advising AACL Funds Management on the wind up of its grain investment schemes and the sale of scheme assets to Glencore.
Managing the successful Supreme Court challenge of a statutory levy in proceedings against the Murray Valley Citrus Board and the State government of Victoria.
‘They are respected in the funds management industry and are pioneers in managed investment schemes.’ Chambers Asia Pacific Guide
‘Excellent understanding of the laws relating to funds management and policy documents. Commercial and practical advice.’ Chambers Asia Pacific Guide
‘They see the big picture across all real estate sectors, including commercial, industrial, and residential, as well as alternative asset classes.’ Chambers Asia Pacific Guide
‘They looked at the bigger picture and the end result rather than point-scoring on items that were not critical to the outcome.’ Chambers Asia Pacific Guide
Recognised for Real Property Law in Best Lawyers in Australia
Recognised in Best Lawyers in Australia for Corporate Law
‘McMahon Clarke’s team punches above its weight. It is a boutique funds practice which is very good at property funds and fund restructuring work.’ Chambers Asia Pacific Guide
Partner Emma Donaghue is named in Best Lawyers in Australia for Banking and Finance Law
‘They can see the big picture across the investment fund life cycle and always consider the financial parameters.’ Chambers Asia Pacific Guide
‘Sean is a commercially savvy and broad-thinking lawyer who adds value to commercial contexts and produces documents that not only meet our purpose but are also easy to read, even for complex transactions.’ Chambers Asia Pacific
We are ranked as leaders in our focus industry sectors – funds management and real estate
‘They have been very effective in partnering with us ... their service is first class and they make you feel they are an extension of your own team.’ Chambers Asia Pacific Guide
Partner Sean McMahon is named Lawyer of the Year for Investment Funds and Funds Management in Best Lawyers in Australia
‘McMahon Clarke is highly responsive with deep knowledge and experience in investment funds, and they are very commercial and practical at the same time.’ Chambers Asia Pacific Guide
‘I am extremely happy ... they are fantastic and I cannot speak highly enough of them.’ Chambers Asia Pacific Guide
Associate Siobhan Luck is named as 'One to Watch' in Litigation by Best Lawyers in Australia
‘They have a unique understanding of the legal and strategic issues involved in the acquisition, development, management, and disposal of properties by developers and managers.’ Chambers Asia Pacific Guide
‘Sean is a quality lawyer who understands our needs and is very easy and straightforward to deal with.’ Chambers Asia Pacific
‘Langton is very commercially aware and always speedy with his responses' … 'he's also very knowledgeable about a wide range of legal issues and his client service is exemplary.' Chambers Asia Pacific
'Langton’s outstanding technically and experienced across all facets of funds.’ Chambers Asia Pacific
‘Our overall impression is that they are a great firm that provides good advice in a timely manner.’ Chambers Asia Pacific Guide