Mark McFarlane

Mark McFarlane

Mark McFarlane is a partner in the Sydney office of King & Wood Mallesons where he creates innovative solutions for local and foreign participants in financial services, private equity and other structured funds, hedge funds, structured transactions, club deals and consortiums. Mark has put together a number of joint ventures to invest in real estate and debt assets. He is regularly sought out to review and advise on the most complex arrangements.

Mark has assisted clients in a wide variety of transactions in Australia and Asia. Mark has assisted many foreign participants in the financial services industry comply with regulatory requirements in accessing Australian sources of capital.

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Mark’s experience includes:

Investor roles 

  • Legal due diligence on investment by institutional LP investors into over 100 private equity, venture capital, debt, hedge and infrastructure funds in Europe, the United States, Asia and Australia. 
  • Co-investments in over 20 investments across Europe, the United States, Asia and Australia. 

Fund establishment 

  • Establishment of hedge funds, including 130/30 funds, precious metals funds and other mixed strategy funds. 
  • Establishment of structures to access foreign funds including foreign private equity funds, real estate funds and credit funds. 

Joint ventures 

  • Acting on a strategic alliance between large Australian bank and foreign bank. 
  • Acting for joint venturer parties for investments in debt, real estate and healthcare assets. 

Regulatory 

  • Arranging licensing exemptions for foreign hedge fund managers; private equity managers; asset managers; broker/ dealers and registered investment advisers from offshore jurisdictions including the United States, United Kingdom, Hong Kong and Singapore. 
  • Advising on short selling restrictions for hedge funds and investment banks. 

Mergers & acquisitions 

Acquisitions 

  • Asset acquisitions by major Australian and foreign financial institutions. 

Restructures 

  • Rationalisation and restructure of financial products offered by a large financial services provider. 
  • Asia-Pacific restructures including of a consulting business and an investment bank. 

Secondaries 

  • Acquisitions and disposals of investments in PE and real estate funds in funds in Europe, the United States, Asia and Australia.

Experience

  • Bachelor of Science (majoring in Applied Mathematics), Monash University 
  • Bachelor of Laws (first class Hons), Monash University 
  • 1993: Articled Clerk, Mallesons Stephen Jaques, Melbourne 
  • 1994 - 1998: Solicitor, Mallesons Stephen Jaques, Melbourne 
  • 1998 - 2002: Senior Associate, Mallesons Stephen Jaques, Melbourne and Sydney 
  • 2003 - present: Partner, King & Wood Mallesons, Sydney.

Location

Legal insights

The Assistant Treasurer has released exposure drafts of key legislation for corporate collective investment vehicles, continuing Australia's development as a funds management centre.

25 August 2017

There are unique legal tensions as investors look to sell their fund commitments with relative freedom and general partners/managers seek to minimise their potential liabilities.

15 March 2017

The passing of the Corporations Amendment (Life Insurance Remuneration Arrangements) Bill 2017 marks another milestone for ongoing reforms in the Australian life insurance sector.

13 February 2017

The Australian Treasury has released a proposals paper to introduce an industry funding model for ASIC commencing in the second half of 2017.

09 November 2016