Our long-term involvement in the funds management sector means we have a deep knowledge of the regulatory and governance regime and not just the commercial aspects of a fund. We understand the complex fiduciary responsibilities of trustees, particularly the regulatory issues for registered schemes.
Lead legal adviser to Primewest Group (now Centuria) on the acquisition of 140 St Georges Terrace (Perth), alongside BlackRock, the world’s largest asset manager, and the appointment of Primewest Group to provide management services with respect to the property, including establishing the Primewest 140 STG Trust, the Primewest entity which co-invested alongside BlackRock.
Advising on the share sale to a US-based competitor funded by a global private equity investment firm, one of the largest in the US, including lengthy negotiation due to the COVID-19 economic impact, as well as a corporate restructure of multiple entities within the group, the registration of trade marks in Australia and overseas, and the variation of the group’s AFS licence.
Advising One Funds Management Limited (trustee of the Perth Markets Land Trust) 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 and negotiating on behalf of Primewest Management an agreement with GIC, a sovereign wealth fund established by the Government of Singapore to manage Singapore’s foreign reserves. GIC has chosen Primewest for mandates worth up to $800 million to invest in the Perth and Brisbane office markets.
Advising a hotel property fund manager on structuring and establishing an unlisted property fund to acquire three hotels in Tasmania, including establishing the fund, drafting the information memorandum, undertaking all property due diligence, and reviewing finance documents.
Assisting Centuria Property Funds Limited to launch the Centuria 80 Grenfell Street Fund, a single-asset, closed-ended unlisted property fund investing in a 50 percent interest in a premier A-grade office tower located at 80 Grenfell Street in the Adelaide CBD, including advising on establishing the fund, registration and offer of investment to retail clients, and developing a new exit mechanism for investors.
Advising Primewest Group (ASX:PWG) (now Centuria), one of Australia’s largest property fund managers, on investment in the Home Investment Consortium Trust established to acquire the Masters property portfolio ($725 million).
Advising Planum Capital on structuring and establishing the Planum Footscray Fund, including advising on its debt funding for, and acquisition of, 90 Maribyrnong Street, Footscray, Victoria.
Advising on real estate acquisitions and transactions for an Australian-based diversified alternative asset manager specialising in private equity, private real estate, hedge funds, and real assets.
‘I am extremely happy ... they are fantastic and I cannot speak highly enough of them.’ Chambers Asia Pacific Guide
‘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
‘They are respected in the funds management industry and are pioneers in managed investment schemes.’ Chambers Asia Pacific Guide
‘Excellent understanding of the laws relating to funds management and policy documents. Commercial and practical advice.’ 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
We are ranked as leaders in our focus industry sectors – funds management and real estate
‘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
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
‘They can see the big picture across the investment fund life cycle and always consider the financial parameters.’ 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
‘Our overall impression is that they are a great firm that provides good advice in a timely manner.’ Chambers Asia Pacific Guide
Partner Emma Donaghue is named in Best Lawyers in Australia for Banking and Finance Law
‘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
‘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