Funds Management

Mackay Lawyers & Advisors senior lawyers have together more than 25 years’ experience at the cutting edge of funds management through its most tumultuous, challenging and transformative period. 

That experience spans the lead up through 2007 and 2008 to the collapse of Bear Stearns, and the decade that followed.  At Regulators and in private practice during this time, our lawyers were involved in many of the seminal funds management matters of the period.  From the ‘frozen funds’ and dislocation of the GFC and its aftermath, through the collapse of the agricultural managed investment scheme industry into the rise of fintech today, our lawyers have acted in key transactions, restructures, takeovers and litigation.

These include:

  • ­Acting to completion in the most successful restructure of an agricultural investment scheme in Australia, from the replacement of its insolvent responsible entity to an appeal in the High Court, subsequent litigation, its ultimate settlement of litigation and the acquisition of the land on which it operated.  Its investors, once distressed, receive cash distributions today.

  • Allco

  • ­Centuria’s hostile takeover of Becton’s unlisted trusts

  • ­Agricultural managed investment scheme collapses and distress including Gunns, Willmott Forests, Great Southern, Timbercorp, Environinvest, Forest Enterprises Australia, Rewards

  • Elders divestment of its forestry business

  • Prime Retirement and Aged Care Trust

  • Rural Funds Management trust scheme merger

  • Octaviar (MFS)

  • Quintis Sandalwood

What does this all mean?

It means we are unique.  We bring a perspective informed by seeing and understanding what goes wrong, when and why – by pulling apart complicated and ill-considered structures, and putting them back together again so they work.  It means we understand what really matters, when and why.

Today, we use this experience to provide advice and transactional (and where required litigation and restructuring) services to established fund managers, responsible entities and promoters, (including investment managers, custodians, platform operators), through to start-ups and fintechs.

In fund establishment, transactions and advice, we specialise in mortgage, property, agribusiness and alternative asset classes.  We act for opportunistic investors including Hedge Funds in hostile transactions and corporate actions.  Our specialist litigation and dispute capabilities are utilised in all types of funds management and related disputes.

We have relationships with responsible entities, fund managers, investment managers, custodians, compliance specialists, responsible managers, and expert valuers, engineers and accountants that we leverage to provide our clients with the best mix of services, people, options and opportunities.