We advise on all aspects of the structuring and establishment of investment funds, including retail and wholesale funds, both listed and unlisted, across a broad range of asset classes and investment strategies.
Lead adviser to OIG on establishing approximately 30 managed investment schemes each year across a multitude of sectors, including commercial and industrial property, equities, Fintech, debt, private equity, and significant investor visa funds. OIG has more than $35 billion of fund assets under management.
Acting for one of Australia’s largest fund managers in establishing the IFM International Infrastructure Wholesale Funds 3, IFM Global Indexed Equities Fund (Hedged), and the IFM Long Term Private Capital Fund.
Working with Centuria Property Funds (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.
Acting on all aspects of Cromwell’s unlisted property funds business, including advising on the replacement PDS for the Cromwell Direct Property Fund; the rollover proposal for the Cromwell Property Trust 12; and regulatory issues, including compliance with RG 97 and the new design and distribution obligations.
Lead adviser to ASCF, a specialist debt fund manager, in structuring and establishing its funds management business, including AFS licence application and establishing multiple retail and wholesale managed funds offering investment pooled mortgaged and fixed investment products.
Acting for MARQ Private Funds in respect of investments made by The Impact Fund which was established to make investments having a positive social and environmental impact while earning a market rate return.
Acting for Kilter Investments on establishing the Australian Farmlands Fund, a stapled wholesale agribusiness fund comprising a landowning vehicle and an operations vehicle.
Advising 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 Forza Capital on establishing the 340 Adelaide Street Fund, the first of their offerings under the Forza Priority Framework.
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 PrivateInvest on establishing and launching a contributory mortgage fund that provides debt capital secured by first mortgage security.
Advising Chauvel Capital Partners Funds Management on establishing and launching a wholesale private equity fund to own and develop a series of childcare property assets.
Advising One Funds Management Limited (as trustee) on restructuring the Perth Markets, a stapled structure which owns and operates the fresh food markets in Canning Vale (WA) (valued at $180 million), carried out by way of two interlinked schemes – a trust scheme by way of application for judicial advice and a scheme of arrangement.
Advising on and establishing multiple managed investment schemes each year, including hotel, office, and retail property funds, as well as debt funds lending to those sectors, including structuring, external lender’s finance and security documents, and disclosure documents.
Advising on structuring and establishing the Planum Footscray Fund, including advising on its debt funding for, and acquisition of, 90 Maribyrnong Street, Footscray (Victoria).
Lead adviser to Kilter Investments, the trustee of this innovative social impact fund established and sponsored by The Nature Conservancy.
Advising on establishing and promoting a retail fund for Equiti Capital which invests in US-based multi-family property assets through a US REIT.
Establishing registered and unregistered schemes to acquire land and develop student accommodation facilities Australia-wide for this ASX-listed asset management group.
Recognised in Best Lawyers in Australia for Corporate Law
‘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
Partner Sean McMahon is recognised for Investment Funds and Funds Management in Best Lawyers in Australia
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
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