Kristy McCluskey

Special Counsel

Industries

Practices

Kristy has extensive experience across the funds management, financial services, and corporate sectors and a comprehensive understanding of this complex regulatory environment. Kristy’s expertise encompasses establishing and structuring funds, fundraising, disclosure issues and ongoing operations, as well as commercial/corporate transactions spanning capital raisings, mergers and acquisitions, contract review and negotiation, and corporate governance. Recognised in Best Lawyers in Australia for Corporate Law, Kristy works closely with clients and adopts a strategic and practical approach to help them reach their commercial objectives.

Experience

Some key transactions Kristy has recently been involved in include:

  • Advising One Managed Investment Funds and Gryphon Capital Investments on establishing the Gryphon Capital Income Trust and subsequent listing on the ASX, including preparing the (ASX-compliant) constitution and compliance plan, registering the managed investment scheme with ASIC, and advising on all aspects of the ASX listing, and subsequently advising on the Trust's $11.8 million private placement to wholesale investors.
  • Advising Kilter Investments, the trustee of Murray-Darling Basin Balanced Water Fund which is an innovative social impact fund established and sponsored by US-based The Nature Conservancy.
  • Advising the owners of the $4.1 million sale of their aftermarket motor accessories business, acquired by the Automotive Solutions Group as part of its initial public offering on the ASX in 2016.
  • Advising the buyer in its $4.8 million acquisition of an interest in a manufacturing, sales and hire company which involved the target undergoing a corporate restructure and the buyer and seller negotiating and entering into a shareholders agreement.
  • Advising the owners of a group of mineral exploration and production companies on the $16 million share sale of their companies, as well as negotiating, preparing, and drafting material transaction agreements, including the share sale agreement, royalty agreement and vendor finance documentation.
  • Advising on, structuring, and establishing the funds management business for Australian Secure Capital Fund, including obtaining an AFS licence, the simultaneous establishment of two retail managed investment schemes offering investment in pooled mortgages and fixed investment terms and returns, including preparing the constitutions and compliance plans, registering the schemes with ASIC, settling the product disclosure statement, and advising on the fee disclosure requirements under the revised RG97 regime.
  • Advising Multiple Capital on establishing special purpose note issuing vehicles to raise equity capital to on lend to property and development opportunities, including establishing those vehicles and settling the capital raising offer documents and the authorised intermediary arrangements. Also, advising on and establishing a revised structure utilising investment funds as the lending entities.
  • Advising The Motley Fool on establishing the Lakehouse Small Companies Fund, including preparing the Fund's constitution, investment management agreement and PDS.
  • Advising Munro Asset Management, the responsible entity of the absolute return Munro Global Growth Fund, on preparing the PDS and prime broker agreement with Morgan Stanley & Co.
  • Advising Vicinity Centres, the syndicates business of the former Federation Centres/Centro Group, on the restructure of the entire Centro Group, recognised as the most complex corporate reconstruction in Australian legal history.