Pooled funds: pooled legal expertise

As a fund manager, you need to be experienced at working with pooled funds and managing investments to deliver the returns expected of your investors. Similarly, at Madgwicks we manage pooled resources, relationships and expertise, to deliver the regulatory, compliance, and risk management outcomes to ensure our clients’ interests are protected and their commercial results achieved.

Understanding your industry is paramount to what we do – and the day to day running of your business often requires additional specialist skill sets to effectively manage your legal issues. Our Funds Management team works closely with other Madgwicks teams, including in tax, finance, and property. We also draw on our industry connections and, as required, international legal support through Meritas. The result – seamless delivery with minimum fuss of everything you require to make your business and fund simpler to operate – so you can get on with the job of generating returns for your investors.

Our Funds Management & Superannuation team understands the complex regulatory aspects of the full spectrum of funds work. We have the expertise to help clients achieve their objectives with the minimum of fuss whilst always ensuring that our clients’ interests are protected. Our clients value our proactive risk-management strategies.

We maintain good working relationships with financial services industry regulators including ASIC, ASX, APRA, AUSTRAC and the ATO. Our team regularly advises on Corporations Act, Superannuation Industry (Supervision) Act, Anti-Money Laundering and Counter-Terrorism Financing Act, and other relevant legislation and regulator policy statements and practice requirements.

Our clients include Australian and international fund managers, superannuation funds, property trusts, wealth advisory firms, and organisations providing SMSF consulting services.

Contact our Funds Management & Superannuation team to see how we can make things less complex for your fund and your business – so you can focus on getting a return for investors. Our team is experienced in the entire life cycle of a managed fund – from establishment to divestment.

Recent experience includes:

  • Advising one of Australia’s largest industry superannuation funds on implementing a major “in-house” investment management platform;
  • Advising various industry superannuation funds on their tendering for, and appointment of, custodians, administrators, and insurers.
  • Advising ABL Red Meat Fund, a Chinese agribusiness, on the establishment of a stapled managed fund designed for Significant Investor Visa investors involved in Australian beef production and export;
  • Advising Open Corp Funds Management, on the establishment of its Open Access Fund, a unique type of registered managed investment scheme supported by an ASIC comfort relief instrument involving a single registered managed investment scheme with umbrella structure comprising multiple discrete underlying projects;
  • Advising various industry superannuation funds on their direct and structured investments, including an acquisition of a fund administration business; divestment of an in-house agribusiness company; and appointment of investment managers across a range of asset classes;
  • Advising US Residential Fund (ASX:USR) on its successful roll-up of three vendor wholesale trusts and ASX listing as a stapled entity investing in US housing;
  • Advising on the establishment of various retail and wholesale managed funds, including Excelsius Mortgage Fund, GDA Property Fund, Heritage Property Fund, and Infinity Capital Credit Fund;
  • Acting for a WA-based funds manager on a strategic joint venture with ISPT (one of Australia’s largest property trusts representing industry superannuation funds), in a $20M+ project;
  • Advising Quintessential Equity, a successful Melbourne based fund manager of wholesale property schemes, on establishing its schemes including trust deeds and Information Memoranda;
  • Advising GDA Securities on restructuring its Diversified Property Trust to continue as an open ended unlisted fund;
  • Advising W.A. Blue Gum Projects – an agribusiness scheme growing Blue Gum in WA on its ATO rulings and PDS “rollover” documents;
  • Advising ASX listed Aspen Group on the formation and PDS for Aspen Select Property Fund, a registered scheme providing a “fund to fund” offering for retail platform investors to obtain exposure to a suite of Aspen property funds
  • Advising a number of Australia’s industry superannuation funds on a broad range of commercial and regulatory matters including privacy compliance, cyber security risk, technology contracting, investment and commercial contracting arrangements;
  • Advising an industry superannuation fund on application to Fair Work Commission to be included as a named “default fund” under certain industrial Awards;
  • Acting for an Australian fund manager on the establishment of wholesale and retail property funds investing in US residential property including working with US counsel on US REIT regulatory requirements;
  • Acting for a public offer superannuation fund on an arbitration dispute proceeding with its outgoing administrator;
  • Acting for a public offer industry superannuation fund on the acquisition of a superannuation administration business;
  • Acting for a large property trust on its ASX public listing and major capital raising;
  • Acting for an ASX listed property trust in its hostile takeover bid for a competing listed property trust, including application to the Takeovers Panel;
  • Acting for a range of clients in the financial services industry on implementing their anti-money laundering (AML) compliance programs;
  • Advising an industry superannuation fund on litigating its defence of TPD claims; and
  • Acting for various self-managed fund consultants to prepare documents for SMSFs including trust deeds and limited recourse borrowing arrangements and advising on all tax and SIS Act regulatory requirements for SMSF members.



Our Experts

Thought Leadership & Past Experiences

Urgent action needed to take advantage of Superannuation Guarantee Amnesty

Superannuation gap The Federal Government has long been concerned with the “superannuation gap”.  This is the difference between the superannuation guarantee contributions that employers have been paying on behalf of workers and what they are required to pay under the...
23 March, 2020

A $2 million-dollar error: What SMSF professionals can learn from the auditor liability cases

Recent findings highlight SMSF audit risk and provide highly useful, transferable lessons for accountants and lawyers.
9 April, 2019

Structuring SMSF investments in managed investment schemes – lessons from the Aussiegolfa case

A recent finding of the Full Federal Court has major implications for the sole purpose test.
27 March, 2019