Xavier Murphy

Expertise

Xavier is a banking & finance lawyer who has broad experience in acting for a variety of financiers and advising on various financing arrangements, including property, acquisition, construction, receivables, trade and equipment financing. Xavier also has experience in providing regulatory and compliance advice in relation to both State and Commonwealth laws and regulations, including privacy laws.

Xavier has a vast knowledge of the Personal Property Securities Act 2009 (Cth), Corporations Act 2001 (Cth) and Privacy Act 1988 (Cth), as well as various other relevant banking & finance, company and property legislation.

In particular, Xavier’s expertise includes:

Acquisition financing
Banking and regulatory
Construction and property financing
Equipment financing
Equity financing and capital raises
Mortgages and securities
Privacy
Private lending and managed lending funds

Receivables financing
Receivership and insolvency
Restructures
Secured and unsecured corporate finance, bilateral and syndicated
Securitisation
Trade financing
Unfair contract terms

Experience

Xavier’s recent experience includes:

acting for a property developer in connection with an $800 million senior and mezzanine facility restructure;
acting for the purchaser in relation to a $10 million acquisition of a company that owned a quarry;
acting for an ASX-listed company in relation to a $3 million equity lending facility to its shareholders;
acting for a delivery service company in connection with a $6 million capital raise through the issuing of convertible notes;
acting for a financier in connection with the establishment of a loan program to farmers nationwide;
acting for financiers in relation to property and construction finance transactions with bilateral and syndicated facilities up to $80 million;
acting for financiers in relation to receivable, trade, equipment and working capital finance transactions with facilities up to $30 million;
advising on mortgage registration and priority issues;
advising on Personal Property Securities Act issues, including preparing amendment demands for the discharge of PPSR registrations and providing advice on chattel paper and account security interest issues;
drafting documents for complex priority, subordination and intercreditor arrangements;
assisting financiers and an international cryptocurrency exchange company in relation to a rewrite of their respective terms & conditions in accordance with recent updates to the unfair contract terms legislation in Australia;
advising financial service companies on Australian privacy law, including advising on data reporting obligations, drafting privacy policies, drafting credit reporting policies and advising on general privacy obligations;
advising companies in relation to their obligations with AUSTRAC; and
advising an international cryptocurrency exchange company in relation to the provision of financial products.