Ben Furner

Clayton Utz
Special Counsel Melbourne
Overview

Ben assists financial sponsors and infrastructure clients throughout the acquisition, hold and divestment phase of their global portfolios. He has particular expertise on Australian outbound investors and extensive experience advising on the income tax and international tax aspects of cross-border investing, financing and capital raising.

He has significant experience working at a superannuation fund, ensuring an understanding of the key commercial drivers and regulatory environment impacting financial sponsors. In addition, Ben has gained deep experience with US investments, and a sound knowledge of the US tax system and the key issues facing Australian investors deploying capital in the US.

Notable Work
  • Palisade Investment Partners: international tax structuring and due diligence for Palisade's United States investments.
  • Australian Retirement Trust: advising on ART's industrial partnership with Mirvac including tax structuring and due diligence.
  • Transurban Chesapeake: led the Australian and US tax structuring and due diligence for AustralianSuper’s 25% acquisition of Transurban’s US toll road portfolio and ongoing management of tax issues.
  • Westconnex: led the tax structuring and due diligence of AustralianSuper’s participation in the 2018 and 2021 privatisation of Westconnex from the NSW government to Sydney Transport Partners.
  • Sydney Airport: led the tax structuring and due diligence of AustralianSuper’s participation in the take-private of Sydney Airport via participation in the Sydney Aviation Alliance consortium.
  • Generate Capital: led the Australian and US tax structuring and diligence for AustralianSuper’s multiple rounds of investment into the US sustainable infrastructure portfolio, Generate Capital.
  • National Infrastructure and Investment Fund: led the Australian and foreign tax structuring for AustralianSuper’s investment in the Indian Government’s National Infrastructure and Investment Fund.
  • Brookfield Infrastructure Partners: led the Australian and US tax structuring and diligence for AustralianSuper’s investment in Brookfield Infrastructure Fund IV and co-investment in US freight business Genesee & Wyoming.
  • Private equity fund investments: led AustralianSuper’s tax structuring and diligence for multiple fund investments, including investments with KKR, Roark, BGH, and TPG.
  • Private equity secondary transactions: advised on the tax implications associated with AustralianSuper’s divestment of limited partnership interests in private equity funds.
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