Our services span the entire fund life cycle, from inception through to dissolution or disposal, and encompass potential restructuring and consideration of exit strategies.
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.
Advising on complex issues following the abrupt end of the business and winding down its existing real estate operations Australia-wide, including disposal of units in the structure, unwinding finance arrangements, transfer of funds management rights, and the novation of construction and sales contracts, plus advising on the disposal of five development sites at various stages in the development cycle and on the sale of funds management rights for a large industrial facility in New South Wales.
Advising on a proposal to call a meeting of members to vote on an ordinary resolution to sell the fund’s single property asset prior to the end of the initial term, which was due to expire in approximately 18 months, and preparing the notice of meeting and explanatory memorandum.
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).
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 schemes and the sale of scheme assets to Glencore.
‘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
Recognised for Real Property Law in Best Lawyers in Australia
‘Sean is a quality lawyer who understands our needs and is very easy and straightforward to deal with.’ Chambers Asia Pacific
‘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
‘Our overall impression is that they are a great firm that provides good advice in a timely manner.’ 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
Associate Siobhan Luck is named as 'One to Watch' in Litigation by Best Lawyers in Australia
Recognised in Best Lawyers in Australia for Corporate Law
‘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
'Langton’s outstanding technically and experienced across all facets of funds.’ Chambers Asia Pacific
‘They can see the big picture across the investment fund life cycle and always consider the financial parameters.’ Chambers Asia Pacific Guide
‘Excellent understanding of the laws relating to funds management and policy documents. Commercial and practical advice.’ Chambers Asia Pacific Guide
Partner Emma Donaghue is named in Best Lawyers in Australia for Banking and Finance Law
‘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
Partner Sean McMahon is named Lawyer of the Year for Investment Funds and Funds Management in Best Lawyers in Australia
‘I am extremely happy ... they are fantastic and I cannot speak highly enough of them.’ Chambers Asia Pacific Guide
‘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
‘They are respected in the funds management industry and are pioneers in managed investment schemes.’ Chambers Asia Pacific Guide
‘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
‘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