We provide clients with strategic advice and practical assistance when negotiating a wide range of property-related finance transactions.
Advising Wagner Corporation on its arrangements with the State of Queensland for the delivery of a mixed-use trade and distribution centre for the Wellcamp Airport asset near Toowoomba.
Advising on the acquisition of a $150 million portfolio of retail shopping centre and childcare development sites across South East Queensland, such as the Queen Street Village shopping precinct in Southport (Gold Coast), including advising on legal due diligence, complex contract negotiation and conveyancing, retail leasing, development management and construction documentation, and finance facility.
Advising a listed alternative investment manager on a residential development, including negotiating the site acquisition, legal due diligence, preparing off-the-plan sales documentation and scheme establishment documents, negotiating construction funding and construction contracts, and project managing sales and settlement of contracts.
Acting for the debt management arm of White & Partners on all aspects of property due diligence for senior construction facilities, including legal due diligence on the property, reviewing sale contracts, strata documents and construction agreements, and acting on the certification of presales required for funding.
Advising a national property fund manager on acquiring debt finance for its joint venture acquisition of a commercial property in Sydney for $115 million, including advising the senior and mezzanine borrowers on a $70 million senior facility and a $17 million mezzanine facility, including structuring the transaction; reviewing and negotiating security trust agreements, loan note deed and drawdown conditions; negotiating with the lenders and the joint venture partner; and advising on interposing trust vehicles. We subsequently advised on the sale of the fund manager's interest to its joint venture partner, including all documentation, reviewing leases, and arrangements with financiers.
Advising Telane Pty Ltd on the complex restructuring of the leasing arrangement for the John Maddison Tower located at Goulburn Street, Sydney (crown leasehold and subleased to the Department of Justice), including negotiating and documenting reconfiguration of the head lease, amending the existing financing arrangement, negotiating and finalising a new sublease and then advising on the purchase of the rental stream deriving from the sublease on a net present value basis by ANZ through a structured receivables purchase facility.
Preparing facility and security documentation in favour of the trustee of an unregistered property fund for a residential development at the Sunshine Coast.
Reviewing and negotiating facility documents and security for the refinancing of senior and mezzanine debt facilities for the responsible entity of a large registered managed investment scheme holding property in Queensland, Victoria and the Australian Capital Territory.
Reviewing and advising on the facility and security documentation for a developer undertaking several property developments.
Refinancing a purpose-built home centre site for the retail of bulky goods on the Gold Coast, from initial discussions and selecting a preferred financier, to negotiating a term sheet and documents.
Advising a national property fund manager on the proposed acquisition of a resort in Vanuatu, including negotiating and finalising all acquisition financing, conducting comprehensive due diligence on land tenure, leasing arrangements and liquor licensing and gaming compliance.
We are ranked as leaders in our focus industry sectors – funds management and real estate
‘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 in Best Lawyers in Australia for Corporate Law
Associate Siobhan Luck is named as 'One to Watch' in Litigation by Best Lawyers in Australia
Partner Emma Donaghue is named in Best Lawyers in Australia for Banking and Finance Law
Recognised for Real Property Law in Best Lawyers in Australia
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 2022