Banking & Finance

Services and Expertise

Our Banking & Finance team knows what drives the industry and understands how the industry operates. We are conversant with the industry's legal needs and know how to use our knowledge to deliver commercial outcomes. In confirmation of our expertise, our team was listed as one of the leading firms in 'Banking and Finance' in Victoria in the 2009/2010 edition of the Asia Pacific Legal 500.

We act for a range of entities in the financial services and funds management industry, including trustees of superannuation funds, wholesale and retail investment trusts, custodians, funds management companies and financial planning groups. We have also represented many well known financial institutions, including Bendigo & Adelaide Bank Ltd, Bank of Western Australia Ltd, Suncorp Metway Ltd, St George Bank Ltd, Bank of Queensland Ltd, Cash Resources Australia Pty Ltd and Challenger Financial Services Group.

In today's economy, there will always be difficulties for our clients' businesses - but there will also always be hidden opportunities and new initiatives. We strive to identify those opportunities and help our clients stay ahead of the market.

Areas of Legal Expertise

Our expertise covers:

• multi financier structures, including club, linked bilateral and syndicated facilities
• inventory and receivables finance
• mezzanine finance, including support and cost overrun guarantees and top-up arrangements, usually for construction funding transactions
• construction finance, including all types of project finance such as residential, industrial and commercial developments, shopping centres, retirement villages and hotels

• project and infrastructure finance.

Additional Services

As well as legal services, we offer clients various complementary services including:

• conducting seminars on relevant topics
• providing regular updates on changes to laws affecting our clients

• making introductions to other clients where synergies may evolve, particularly where business development may result.

Team Strength

Our Banking & Finance team is adept at developing new products and systems designed to provide innovative solutions to clients in the financial services and finance industry. For instance, we have developed an online 24/7 web reporting system for particular loans, which provides our clients with the essential tools to balance elements of risk management, service and price.

Experience

Our recent experience includes:

• acting for a large private company in meeting all lenders' required due diligence conditions, and advising on the facility and security documents required in a syndicated refinance deal totalling $900 million
• re-drafting various security documents for an invoice-discounting financier, following its amalgamation with a mid tier bank
• acting for a mining company in a "reverse" takeover of a US company, involving cross border issues and challenges ($30 million)
• acting for management in a buyout of Australia's largest mortgage originator ($150 million)
• acting for a major lender in relation to the take-out finance secured over a 155 room hotel ($25 million)
• advising a major financier on the implications of the Anti-Money Laundering and Anti-Terrorism Financing Act
• acting for an institution regarding its adoption of the Basel II Operating Risk procedures, and reviewing and advising on the effectiveness of securities and ease of enforcement of securities
• documenting the funding facilities required for many large commercial and residential developers, including negotiation with builders on the lender's behalf, review and approval of pre-sale contracts and pre-lease arrangements.