When there is a dispute in the commercial and corporate arena or the potential for one to develop, our team will work hard to understand your business, evaluate your options, provide timely, strategically focused advice, and ensure focused representation. We assist clients across a wide range of industries with disputes involving shareholders' rights, trustees’ duties, directors' duties and corporate governance, joint ventures, commercial contracts, development agreements, debt recovery, mortgagee sales, employment and insolvency.
Acting for the Centro MCS syndicate management business in the restructure of Centro Properties Group and Centro Retail Trust to create the multi-billion-dollar ASX-listed Centro Retail Australia.
Acting for a responsible entity of a property fund in multiple Federal and Supreme Court proceedings about the acquisition and refurbishment of two commercial office, retail, and hotel premises. The disputes involved interpreting the contracts for sale, calculation of the purchase price, valuation, incentives and one-year price adjustment, development deed, construction contracts, pre-lease agreements and leases.
Successfully resolving Federal Court proceedings for alleged breaches of employment contracts, directors' duties, misuse of confidential information, and conspiracy, including settlement of an urgent injunction application.
Enforcing obligations under a share sale agreement (including the payment of $46 million) that were secured by personal and corporate guarantees, including successfully defending urgent injunction proceedings.
Acting for a fund manager to defend a claim that a heads of agreement constitutes a binding contract to sell land, including opposing a caveat registered over the land.
Acting for a property developer to bring an action for specific performance to compel the purchaser to complete the sale.
Bringing urgent proceedings in the Federal Court to successfully prevent the infringement of this primary producer's trade mark.
Obtaining declarations in the Victorian Supreme Court on behalf of stapled security holders regarding resolutions passed at investor meetings to de-staple the securities, in the face of a takeover bid.
Mediating a dispute involving a family-run manufacturing company valued at $22 million.
Representing employers and employees in unfair dismissal applications, as well as guiding employers through performance management, misconduct investigations, redundancy decisions and termination processes to limit exposure to unfair dismissal claims, adverse action claims and breach of contract claims.
Acting for an AFS licence holder responding to a Freedom of Information request lodged by a major newspaper seeking to reveal details of communications with ASIC.
Acting for a minority shareholder and unitholder in corporate oppression proceedings.
Acting in proceedings about whether a right of first refusal had been successfully invoked against a trustee and in a dispute against an investment manager who sought to orchestrate a removal of the trustee by members to avoid its contractual obligations.
Successfully resolving Federal Court proceedings for alleged breaches of employment contracts, directors’ duties, misuse of confidential information, and conspiracy, including settlement of an urgent injunction application.
Advising the board and founding shareholders when disputes arise about the future of the business and its capital structure.
Acting for a corporate authorised representative who received a show cause notice from its licensee alleging breaches of statutory and contractual obligations.
‘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
We are ranked as leaders in our focus industry sectors – funds management and real estate
‘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 in Best Lawyers in Australia for Corporate Law
‘Our overall impression is that they are a great firm that provides good advice in a timely manner.’ 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
‘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
‘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 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
Partner Sean McMahon is named Lawyer of the Year for Investment Funds and Funds Management in Best Lawyers in Australia
‘They are respected in the funds management industry and are pioneers in managed investment schemes.’ 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