We understand that getting acquisition structuring correct up front is key to the successful execution of property transactions. This is particularly the case for structures involving property trusts and other forms of property syndicates.
We also have vast experience in joint ventures, management agreements, fund through arrangements, government assistance agreements, project management agreements and similar arrangements between collective investors.
Advising on a complex arrangement between the precinct developer and counter party, involving the acquisition of 56 apartments in one line and ongoing arrangements for the marketing and sell down of those apartments.
Developing joint venture arrangements for projects as diverse as residential developments, office developments and the redevelopment of shopping centre sites which involves sophisticated drafting of profit share arrangements and the rules regulating the funding and management of the developments through the various stages.
Advising Telane Pty Ltd on the complex restructuring of the leasing arrangement for the John Maddison Tower (Goulburn Street, Sydney), which is crown leasehold and subleased to the Department of Justice, including negotiating and documenting reconfiguration of the head lease, amending existing financing arrangement, and negotiating and finalising a new sublease.
Successfully structuring projects where investment from a joint venture party is structured as debt to minimise tax and duty implications. This usually involves the investor taking a second mortgage position behind the senior debt financier and drafting "custom made" security documents and significant negotiations.
Advising on the acquisition and development of several sites, including a greenfield development site at Hendra (Brisbane Airport precinct) and the corresponding commercial off-the-plan development of the site and establishing a strata scheme and body corporate, as well as the acquisition of two storage facility sites in Victoria.
‘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
‘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
‘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
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
Recognised in Best Lawyers in Australia for Corporate Law
‘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
Associate Siobhan Luck is named as 'One to Watch' in Litigation by 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
‘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
We are ranked as leaders in our focus industry sectors – funds management and real estate
‘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 can see the big picture across the investment fund life cycle and always consider the financial parameters.’ Chambers Asia Pacific Guide
‘They are respected in the funds management industry and are pioneers in managed investment schemes.’ Chambers Asia Pacific Guide
Partner Sean McMahon is named Lawyer of the Year for Investment Funds and Funds Management in Best Lawyers in Australia