Here are some of our work highlights demonstrating our capabilities and expertise in Funds Management across the commercial, development, residential, industrial, and hotel and tourism sectors.
Lead adviser to Primewest Group (now Centuria) on establishing and launching its first open-ended retail investment fund, the Primewest Property Income Fund, which provides investors with a more flexible investment product.
Advising Forza Capital on the 340 Adelaide Street Fund, the first of their offerings under the Forza Priority Framework, including establishing the fund and preparing the offer document.
Lead adviser to MARQ, a specialist independent wholesale fund trustee, including providing structuring advice on multi-layered funds, establishing funds in different sectors, including commercial property, preparing information memoranda for each fund, and conducting verification on the disclosure content.
Advising Vasco Trustees on establishing and promoting multiple retail and wholesale funds across various sectors, including property, equities, alternative assets, and significant investor visa offerings.
Advising Forza Capital on establishing the Forza Priority Framework, a unique offer whereby Forza secured non-binding commitments from investors in future Forza offerings, including all licensing and disclosure requirements and preparing the offer documents and accompanying subscription documents.
Advising on the revolutionary Quintessential Equity Master Fund which allows investors to have the benefit of a diversified portfolio of property investments, but mitigates some of the risks associated with having multiple investments in a single investment vehicle.
Advising on establishing approximately 30 managed investment schemes each year, including commercial property funds. We are the lead adviser to OIG which has in excess of $35 billion of fund assets under management.
Advising Planum Capital on structuring and establishing the Planum Footscray Fund, including advising on its debt funding for, and acquisition of, 90 Maribyrnong Street, Footscray, Victoria.
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). We advised on all aspects of establishing the fund, registration and offer of investment to retail clients and also developed a new exit mechanism for investors.
Advising a national property fund manager on acquiring debt finance for its joint venture acquisition of a premium commercial property in Sydney for $115 million.
Advising Primewest (now Centuria) on its wholesale funds management business, including the incorporation and promotion of a company to raise capital from wholesale clients to invest in the Home Investment Consortium Trust established to acquire the Masters property portfolio ($725 million).
Advising the responsible entity on all aspects of a proposal to extend the term of this single asset trust for a further five years and to provide investors with a matching facility to enable them to either acquire more units or sell some or all of their units in the trust. The trust owns Energex House, a $237 million property in Brisbane's CBD.
Advising the trustee in establishing a wholesale property fund to acquire a mixed-use office/retail asset for $65.5 million.
Advising on the restructure of Centro Properties Group and Centro Retail Trust to create the multi-billion-dollar ASX-listed Centro Retail Australia (now Federation Centres).
Lead adviser to MARQ, a specialist independent wholesale fund trustee, including providing structuring advice on multi-layered funds, establishing funds in different sectors, such as development, preparing information memoranda for each fund, and conducting verification on the disclosure content.
Acting in establishing this special purpose development fund established to finance and build a multi-storey integrated private medical facility incorporating medical space, apartment hotel and retail premises.
Acting for Oliver Hume, one of Australia’s most well-established residential property funds and real estate services groups, on their public investment offering to develop land in Melbourne into 174 residential lots, including advising on the prospectus offer document, attending the due diligence committee meetings, liaising with ASIC, and AFS licensing implications, as well as securing a responsible entity AFS licence.
Lead adviser to the trustee of this wholesale development fund which is structured as a master fund with underlying development sub-trusts, including preparing the constitution, information memorandum and investment committee charter, plus conducting verification and due diligence prior to the fund launch.
Advising the trustee on establishing a fund to raise up to $60 million for the Swanston Central Project being developed by Hengyi Pacific Pty Ltd, a
Advising on establishing several wholesale development funds for residential projects based in Sydney and Brisbane, including securing an AFS licence and preparing the constitutions, investment management and development agreements, and offer documents.
Working with Centuria Property Funds Limited (a subsidiary of Centuria Capital Group ASX:CNI) to launch the Centuria Industrial Income Fund No. 1, an unlisted closed-ended fund invested in a $62.5 million portfolio of direct industrial assets in Brisbane and Adelaide, including all aspects of fund establishment, registration and offer of investment to retail clients.
Advising USS Services on structuring and establishing the Australian Prime Storage Fund, a $100 million unlisted wholesale property fund to acquire, develop and operate self-storage facilities, including negotiating and documenting a $20 million co-investment by National Storage (ASX:NSX) into the fund and management contracts for completed projects.
Advising on establishing several unlisted property funds, including the Forza Blackburn Street Fund – the acquisition of a massive five-acre two-level warehouse with ancillary office space on a 10-acre site at Blackburn (Victoria), including establishing the fund, drafting the information memorandum, undertaking all property due diligence, reviewing finance documents, and attending to settlement on behalf of the fund.
Advising on establishing approximately 30 managed investment schemes each year, including industrial property funds. We are the lead adviser to OIG which has more than $35 billion of fund assets under management.
Preparing the underlying trust and sale documentation and negotiating the commercial terms for the sale of a 50 percent interest in Pellicano Property Trust 3, a $150 million industrial trust, to Sunsuper in a complex transaction.
Advising on establishing approximately 30 managed investment schemes each year, including residential property funds. We are the lead adviser to OIG which has more than $35 billion of fund assets under management.
Assisting with establishing and promoting the Regent Street Woolloongabba Trust, Railway Terrace Milton Trust, Carl Street Woolloongabba Trust, Coronation Drive Toowong Trust and Alice Street Kedron Trust, including preparing disclosure documents and constitutions, and advising on product offerings.
Establishing and promoting a retail fund for Equiti Capital which invests in US-based multi-family property assets through a US REIT.
Advising a hotel property fund manager on structuring and establishing an unlisted property fund to acquire three hotels in Tasmania, including establishing the fund, drafting the information memorandum, undertaking all property due diligence, reviewing finance documents, and attending to settlement on behalf of the fund.
Advising White & Partners (part of the Ray White group of companies) on establishing several wholesale hotel funds along the eastern seaboard, including structuring advice to the trustee, establishing the stapled structure, and advising on the external lender’s finance and security documents.
Advising on the acquisition of Mirvac Hotels and Resorts from Mirvac Group for $182 million, including reviewing the structure and compliance of 25 hotels and resorts operated as registered and unregistered managed investment schemes.
Advising the trustee on establishing a wholesale property fund to acquire the land and operating business of a hotel in Sydney, including structuring advice, establishing a head fund and stapled sub-fund structure, and preparing the information memorandum for the offer and the investment management agreement.
Advising on establishing a wholesale property fund to acquire a hotel in Sydney for $46 million, including preparing the information memorandum and providing structuring and significant investor visa compliance advice to the trustee.
‘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 Sean McMahon is named Lawyer of the Year for Investment Funds and Funds Management in Best Lawyers in Australia
Partner Emma Donaghue is named in Best Lawyers in Australia for Banking and Finance Law
Associate Siobhan Luck is named as 'One to Watch' in Litigation by Best Lawyers in Australia
‘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
‘I am extremely happy ... they are fantastic and I cannot speak highly enough of them.’ 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 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
‘They can see the big picture across the investment fund life cycle and always consider the financial parameters.’ Chambers Asia Pacific Guide
‘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
Recognised for Real Property Law 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
‘Our overall impression is that they are a great firm that provides good advice in a timely manner.’ Chambers Asia Pacific Guide
We are ranked as leaders in our focus industry sectors – funds management and real estate
Recognised in Best Lawyers in Australia for Corporate Law
‘They are respected in the funds management industry and are pioneers in managed investment schemes.’ Chambers Asia Pacific Guide