Banking & Finance

Our banking and finance team has extensive experience providing legal services to banks and other financial institutions and corporate clients in relation to security arrangements.

For over 20 years, we advised the Bank of New Zealand Australia - a division of NAB - and regularly negotiate securities for clients including a listed property trust, an aged care facilities group owner, property developers, rural property syndicates and pharmacy groups.

We handle complex and bulk standard transactions, with a streamlined process ensuring cost effective and timely service delivery.

Our areas of expertise include:

  • Structuring transactions and preparing security documents for:
  • Debentures (fixed and floating)
  • Bills of sale
  • Ships mortgages
  • Guarantees and indemnities (fixed and unlimited)
  • Negative pledges
  • Residential and commercial mortgages
  • Mortgages over shares
  • Cross-collateralised loans
  • Put and call options
  • Charge over money
  • Negotiating and preparing ancillary documents such as Rights of Entry; Freehold Mortgagee's Consents and Tripartite Agreements involving third parties
  • Structuring and documenting bank guarantees, letters of credit, letters of comfort, bills of exchange and other business documentation
  • Sell down of risk
  • Secured recoveries
  • Project finance, preparation of information memoranda and conducting due diligence.

Our experience:

  • Acting on behalf of listed property trust negotiating mortgage documentation with various financiers for multi-million dollar loans to acquire and/or establish over 400 childcare centres throughout Australia and New Zealand
  • Advising on the requirements of various regulatory bodies including the Gaming Commission, Liquor Licensing Commission, Health Insurance Commission (HIC) and the Australian Community Pharmacy Authority (ACPA)
  • Documenting transactions for a financier's business clients including mortgages, debentures, guarantees and indemnities, deeds of subordination, and bills of sale
  • Negotiating securities over fishing licenses, rent roll, book debts and other industry specific assets
  • Structuring loans for a pharmacy group and negotiating guarantees from the Australian Pharmaceutical Industries Limited.

For further information, please contact Lynette Reynolds.