Overview

Funds management operates within a highly regulated environment where fiduciary duties, capital stewardship and disclosure obligations shape market confidence. Thomsons advises fund managers, trustees, responsible entities and institutional investors on fund establishment, governance and strategic transactions across the lifecycle of investment vehicles.

We assess regulatory exposure, determine structural and governance settings and manage engagement with regulators to support disciplined fund management from formation through to restructuring and wind-up.

Areas of expertise

Our experience

Anacacia Capital – Continuation fund

Advised Anacacia Capital, a leading Australian fund manager with more than A$1 billion under management, on the establishment of its continuation vehicle, Anacacia V, which raised A$280 million from existing and new investors.

Mercer Superannuation – Federal Court proceedings

Defending Mercer Superannuation, a A$70 billion fund and one of Australia's largest superannuation entities, in Federal Court proceedings initiated by the Australian Securities and Investments Commission (ASIC) following an investigation into compliance with Corporations Act breach reporting obligations and broader statutory/licence conditions.

Chartered Pacific and others – Managed investment schemes

Acting for Chartered Pacific and other fund managers on the design and structuring of novel managed investment schemes, including funds incorporating tokenised assets and digital asset investment strategies.

Investment funds – Acquisition advice

Advised five Australian investment funds (Regal Funds, Bombora, Wunala Capital, MA Growth Ventures Fund, Perennial) holding convertible debt instruments in Australian external data management platform DemystData, during its A$157 million acquisition by Feedzai Inc. the world’s first end-to-end financial crime prevention platform.

Perron Group – New investment fund

Acted for Perron Group in establishing a new investment fund structure, advising on the fund's structure, tax considerations, and prepared the necessary fund documentation.

Mulpha Australia – Fund advice

Advising Mulpha Australia Limited on its various managed funds across venture capital/equities, property and debt including advice regarding fund formation and restructure projects, as well as fund divestments.

Superannuation trustees – Recovery and rectification

Advising superannuation trustees on recovery of mistaken contributions and rectification of member account errors, including regulator engagement.

Trustees – Policy enforceability and insurance offset

Advising trustees on policy enforceability and insurance offset provisions within superannuation structures.

Remediation – Processes for member funds

Managing remediation processes following misallocated or misappropriated member funds.

Court proceedings – Discretionary powers and trust interpretation

Representing trustees in Federal Court proceedings concerning discretionary powers and trust interpretation in death benefit disputes.

Discrimination – Defending superannuation trustees

Defending superannuation trustees in discrimination proceedings arising from insurance and benefit structures.