Gilbert + Tobin has one of the most active investment funds practices in the market, acting on many private debt, private equity and venture capital funds in the region. Gilbert + Tobin’s Investment Funds team provides advice to fund managers and their clients across a wide variety of industries including the private debt, private equity, venture capital, infrastructure, retail and property sectors. Given we have a balanced sponsor/investor practice, we are fluent with current fund terms, fund structures (Australian and international), and ‘hot-button’ issues facing sponsors and investors.
We are thought leaders in the fund formation space. We work with domestic and international sponsors on some of the largest and most complex funds structuring transactions in the market. We are close to terms on both the GP and LP side and know how to streamline negotiations on both sides of the table, to the issues that matter. For example, we have been working extensively with the Australian Investment Council (formerly the Australian Venture Capital Association Limited) and Federal Treasury in connection with the recent introduction of the Business Exemption Certificate, which is designed to provide relief to private equity funds which are deemed to be foreign government investors by virtue of passive upstream investments.
We advise our clients throughout the entire life cycle of an investment fund – including fund establishment, operations and compliance, portfolio builds, realisations and winding up. We advise on the establishment of wholesale and retail funds and separately managed accounts and are experienced in establishing optimum investment fund structures for both domestic and offshore investors. We have deep experience with all fund vehicles used in international investment funds.
Our Investment Funds services include:
- Development of all documents associated with fund establishment.
- Registered scheme constitutions.
- Limited partnership agreements.
- Trust deeds/constitutions.
- Management agreements.
- Custodian agreements.
- Co-investment agreements.
- Regulatory issues under the Corporations Act.
- Australian Financial Services Licensing (AFSL) requirements.
funds clients include:
- Viva Energy Australia
- Telstra Ventures
- Bain Capital
- Pemba Capital
- Cedrus Investments
- Five V Capital
- Crescent Capital Partners
- HRL Morrison & Co
- Leap Capital
- Dinimus Capital
- Tempus Partners
- Square Peg
- Airtree Ventures
- Blackbird Ventures
- Southern Cross
- Brandon Capital
In addition, we have acted as lead fund counsel in connection with the following:
- SIV-Compliant Funds: In relation to the establishment of SIV-compliant venture capital funds (both VCLPs and ESVCLPs) for BioScience Managers, Significant Capital Investors, Hampton Capital and others.
- IIF Funds: Acting for 5 of the successfully licensed fund managers under the Commonwealth’s Innovation Investment Fund program (including OneVentures, Cleantech Ventures, Brandon Capital, MRCF and Southern Cross).
- REVC Funds: Acting for the only successfully licensed fund manager under the Commonwealth’s Renewable Energy Venture Capital program (Southern Cross).
- Biomedical Translation Funds: Acting for 4 of the 5 shortlisted candidates and all 3 of the successfully licensed ones (Brandon Capital, OneVentures and BioScience Managers).
Awards + Recognition
Gilbert + Tobin is ranked for Investment Funds.
"They provide high-quality legal advice that is both practical and commercially focused."