AUSTRALIA Law and Practice Contributed by: Andrew Stone, Dhanushka Jayawardena, Andrew Choi and Chris Kinsella, Holding Redlich
Holding Redlich is one of Australia’s leading com - mercial law firms, with more than 200 legal staff across offices in Melbourne, Canberra, Sydney, Bris - bane and Cairns. The firm’s funds practice comprises corporate, tax, and investment funds lawyers who have expertise in establishing and structuring invest -
ment funds, advising on investment mandates, draft - ing and negotiating fund documents, and managing asset acquisitions and disposals, as well as custo - dial arrangements. The team acts for fund sponsors, managers and investors across the full spectrum of alternative fund strategies and structures.
Authors
Andrew Stone is an investment funds and capital markets lawyer at Holding Redlich. He works with asset management groups and investors in the establishment and operation of investment funds across all asset
Andrew Choi is an investment financial services and funds lawyer at Holding Redlich, where he provides financial advice to businesses, platform operators, investment managers, fund sponsors, and
classes, including real estate and infrastructure, public and private equity, and public and private debt. Andrew’s practice includes creating fund and fund-like investment structures, club structures, funds of one, separately managed accounts, exchange-traded funds, co-investments, joint ventures, and other capital partnerships. He also acts on asset-management-related M&A and private market asset transactions.
financial service providers. He draws on deep expertise and experience in the regulation of financial services and provides strategic guidance on the establishment and operation of investment funds across all asset classes, including public and private equity, debt, real estate and infrastructure.
Chris Kinsella is recognised as one of Australia’s leading tax lawyers, with more than 40 years of experience providing strategic tax advice to corporations, boards, business owners, and the Australian Taxation
Dhanushka Jayawardena is a taxation lawyer at Holding Redlich and is a chartered tax adviser, having acted for some of Australia’s largest fund managers. Dhanushka has advised on the establishment of
Office. His practice at Holding Redlich focuses on tax risk and managing tax audits and disputes with the Commissioner of Taxation, having acted both for and against the Commissioner. Chris is accredited as a specialist in dispute resolution with the Law Society of New South Wales and has been recognised as a Leading Individual for Taxation in Australia by the Chambers Asia-Pacific Guide since 2014.
tax-effective multi-tiered structures tailored for domestic and foreign investors from Europe, the USA, and Asia requiring the application of Australia’s AMIT and MIT regimes, comprehensive tax treaty network, and hybrid entity and mismatch rules in designing the most appropriate structure for each investor. He has also advised on the acquisition and divestment of large-scale real estate investments throughout the fund life cycle, which required consideration of Australia’s thin capitalisation rules and stamp duty provisions.
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