Mark McFarlane

Mark McFarlane is a partner in the Sydney office of King & Wood Mallesons

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. 


  • 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 


  • Asset acquisitions by major Australian and foreign financial institutions. 


  • 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. 


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


  • 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.


Legal insights

Changes to the first reporting day for portfolio holdings disclosure has given many superannuation trustees some respite, but uncertainty about required disclosures remains.

18 November 2019

As anticipated in earlier announcements, ASIC announced today the extension of licensing relief for foreign financial services providers (FFSPs) to 31 March 2020.

10 September 2019

This article was written by Jim Boynton and Damien Richard. The Australian financial services (AFS) licensing exemptions for foreign financial service providers (FFSPs) have been radically narrowed...

04 July 2019

The Treasury Laws Amendment (Design and Distribution Obligations and Product Intervention Powers) legislation has passed with amendments (including extending the regime to credit facilities). ASIC’s...

04 April 2019

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