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

Negotiating a deal that you and your investment committee are happy with is no longer enough for many private fund investors. Instead, Fear of Missing Out is a common investor mindset.

24 September 2018

ASIC has today released a Consultation Paper announcing important proposed changes to the Australian financial services licence regime for FFSPs.

01 June 2018

The Productivity Commission’s Draft Report aims to provide an overall assessment of the superannuation system and recommend policy changes.

29 May 2018

Licensing exemption allowing FFSPs to provide financial services in Australia expires on 27 September 2018 (in the absence of any further extension by ASIC).

11 May 2018