Here are some of our work highlights demonstrating our capabilities and expertise in Funds Management across the debt funds sector.
Advising on establishing approximately 30 managed investment schemes each year, including debt funds. We are the lead adviser to OIG which has in excess of $35 billion of fund assets under management.
Advising Centuria on structuring and establishing debt funds (both single and multi-loan funds), including establishing the investment and finance vehicles, assisting with the capital raise, negotiating the finance documentation, and completing legal due diligence.
Lead adviser to MARQ, a specialist wholesale fund trustee, including establishing several wholesale debt funds and advising on debt finance documents MARQ has entered as trustee of funds (as both lender and borrower).
Acting as lead adviser to the fund's trustee, MARQ Private Funds Pty Ltd, including advising on establishing the fund, preparing the information memorandum, drafting a bespoke loan agreement reflecting the nature of the industry and the status of the borrowers, preparing a loans manual for the fund, and conducting information memorandum verification. The fund was established as an innovative source of lending to a highly regulated retail sector.
Advising on establishing multiple funds, including debt funds, and acting as independent legal counsel for preparing loan and security documents for debt funds.
Advising White & Partners (part of the Ray White group of companies) on establishing in excess of 10 debt funds each year, with a combined value of over $150 million, including structuring advice to the trustee, establishing the relevant structure (often a head fund/sub-fund), and advising on the disclosure documents.
Acting for the responsible entity that established two retail mortgage investment schemes, including obtaining the AFS licence, preparing each scheme's constitution and compliance plan, registering the schemes with ASIC and settling the PDS detailing the investment opportunity.
Lead adviser to the trustee of this wholesale mortgage fund, a hybrid structure offering investment into both pooled and contributory mortgages, including establishing the fund, preparing the information memorandum and settling the authorised intermediary arrangements with a third party AFS licensee.
Acting for the trustee of this mortgage fund promoted by the HS Consortium Group, including establishing the fund, settling the information memorandum, and conducting detailed verification prior to its issue and advising the trustee.
Lead advisers to Multiple Capital on establishing special purpose note issuing vehicles for the purpose of raising equity capital to on-lend to property and development opportunities, including establishing those vehicles and preparing the capital raising offer documents and the authorised intermediary arrangements between Multiple Capital and Mulpha.
Advising Prime Value Asset Management on establishing this mortgage fund offering secured contributory mortgage investment opportunities.
Acting for the investment manager of this novel registered fund (which allows investors to select, via an online platform, specific business loans they wish to fund), including reviewing the trust's PDS, advising the investment manager, and securing the manager's AFS licence.
Advising on the launch and ASX listing of the $300 million Gryphon Capital Income Trust, the first listed fund investing exclusively in Australian RMBS and ABS securities. We also advised on the payment of the offer costs and structuring a manager loan where part of the offer proceeds were advanced from GCIT to the Gryphon Group to be used as working capital, ensuring the pro forma NAV of GCIT (an investment trust listed on the ASX) was equal to the subscription price paid at listing.
Assisting Forza George Street Fund in securing a facility of $16,650,000 with US PE group Quadrant for the purpose of purchasing 420 George Street, Brisbane.
‘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 2022
‘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 2022
Recognised for Real Property Law in Best Lawyers in Australia
Partner Emma Donaghue is named in Best Lawyers in Australia for Banking and Finance Law
Partner Sean McMahon is recognised for Investment Funds and Funds Management in Best Lawyers in Australia
We are ranked as leaders in our focus industry sectors – funds management and real estate
Recognised in Best Lawyers in Australia for Corporate Law