Marcus Clark Partner

Meet Marcus

Marcus is a corporate lawyer focusing on mergers and acquisitions, and foreign investment clearances.

Marcus has previously practised in Bangkok, Hong Kong, New York and Singapore. His international experience gives Marcus particular expertise with assisting clients to execute a variety of cross-border transactions, including acquisitions, joint ventures, and strategic alliances and investments.

Marcus maintains interests in a number of industry sectors including agriculture, financial services, media, chemicals and resources.

Marcus is an author of Foreign Investment in Australia, published by Thomson Reuters, the principal legal resource for Australia's foreign investment laws, including FIRB notification requirements.

Experience

General

Black River Asset Management

Establishment of Racecourse Projects, a joint venture with Mackay Sugar to invest in existing and new sugar cane supply in North Queensland.

Cargill

Acquisition from GlencoreXstrata of the Joe White Maltings business, Australia's largest maltster; establishment of grain pool operations including structuring, financial services licensing, pool contracts, and service and marketing contracts; and acquisition from Agrium of the AWB commodity management business, with operations in Australia, India, Switzerland and the Ukraine.

China Investment Corporation

Subscription for convertible bonds issued by Paladin Energy, an ASX-listed uranium miner with operations in Namibia and Malawi.

Dalian Wanda

A$1.13 billion sale of its Australian real estate development interests to Yuhu Group.

Flight Centre Travel Group

Establishment of the S.E Asian-based Buffalo Tours destination management joint venture with Thien Minh Group, including acquisition of existing businesses in Burma, Cambodia, Laos, Thailand and Vietnam.

Foxtel

Equity investment in Network Ten and entry of Network Ten into the Multi-Channel Network media advertising joint venture; acquisition of the Premium Movie Partnership from the major US movie studios; and A$1.9 billion acquisition of AUSTAR, an ASX-listed cable television distributor, by scheme of arrangement.

Nuplex Industries

A$127.5 million sale to CHAMP Private Equity of its Masterbatch and specialties businesses in Australia, New Zealand and Vietnam.

Public Sector Pension Investment Board

Establishment of a cattle joint venture, using a managed investment trust structure, and acquisition of an initial portfolio comprising six Queensland cattle stations.

Tianqi Group

C$850 million acquisition of Talison Lithium, a TSX-listed Western Australian lithium miner, including negotiation of consortium arrangements with a sovereign co-investor. Subsequent US$1 billion joint venture with Rockwood Holdings covering Talison Lithium and options over Rockwood's European and Asian lithium chemicals business.

Recognition

Recommended in Corporate and M&A law
Asia Pacific Legal 500, 2018
Listed as a leading lawyer in Corporate/Governance Practice and Mergers & Acquisitons Law
Best Lawyers Australia, 2019

Career & qualifications

Qualifications

  • Bachelor of Laws (Honours), University of Queensland

Memberships

  • Fellow, The Australian and New Zealand College of Notaries

International experience

  • Attorney and Counselor-at-law of the State of New York
  • Former Partner with Allens in Bangkok, Singapore and Sydney
  • Former Corporate Associate with Cravath, Swaine & Moore LLP in Hong Kong and New York
  • Former casual securities law lecturer in LLM programmes at the University of Peking in Beijing and Assumption University in Bangkok.

Insights Read more insight

FIRB releases new guidance notes for foreign purchasers

On 25 September, Australia’s Foreign Investment Review Board issued 2 guidance notes, designed to clarify Australia’s foreign investment policy in 2 key areas - acquisition of agricultural land and...

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Review of the regulatory and tax landscape for foreign investors in December 2017

Updated article: originally published as 'review of the regulatory and tax landscape for foreign investors.'

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ATO to provide guidance for new financial reporting requirements of significant global entities

As part of a wider effort to combat corporate tax avoidance and improve the transparency of multinational companies’ financial affairs, in late 2015 the Australian Parliament amended existing...

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News

External publications

  • Author of Foreign Investment in Australia, loose-leaf service published by Thomson Reuters
  • Author of A greater yield: Attracting investment into Australian agribusiness, published by Mergermarket Group

Submissions

  • Submission to The Treasury in response to its options paper, Strengthening Australia's Foreign Investment Framework

Presentations

  • Recent and Proposed Changes to Australia's Foreign Investment Rules – presentations to Commonwealth Bank of Australia, Australia and New Zealand Banking Group Limited, Westpac Banking Corporation and Macquarie Group
  • Where is FIRB Post GrainCorp? – presentation to Akolade Mergers & Acquisitions Form
  • Governance Across Borders – presentation to Chartered Secretaries Australia
  • Investing and Doing Business in Asia – presentation to Corporate Counsel Series