Find Lawyers in Australia for Banking and Finance Law
Practice Area Overview
Banking and finance law in Australia covers a wide array of legal practice. It encompasses matters relating to borrowing, lending, banking regulation, asset ownership, corporate structures, insolvency, property law, laws on security, and general common and corporate law issues. Banking and finance matters also extend to securitisation, debt capital markets, and asset finance (including plane and ship financing).
Given its breadth, many general corporate transactions also extend to matters within the banking and finance sphere, requiring the input of banking and finance legal experts.
Banking and finance transactions will usually be centered around the borrowing and lending of money, whether by way of new money or the provision of a refinancing facility. Provision of financial accommodation can be limited to specific purposes, such as the acquisition or development of real property, or for broader purposes as seen in general corporate facilities. A detailed legal knowledge of the Personal Property Securities Act 2009 (Cth) and its practical operation is key to all banking and finance transactions, including those that are unsecured.
Lawyers may act for lenders (including regulated and unregulated banks, insurers, and private lenders), borrowers (individuals and corporates), custodians, trustees, facility agents, arrangers, and security trustees.
The documentation involved in a transaction will largely be determined by the transaction’s financial size and, accordingly, based on the inherent risk for the lender. Straightforward, small- to mid-market transactions will likely be documented by way of bank standard form documents, while larger or more complex transactions will use the lender’s law firm’s documentation. Institutional transactions will often use industry standard documents produced by the Asia Pacific Loan Market Association as the starting point for document negotiation.
Banking and finance lawyers can also advise on hedging arrangements, with the Australian market being very familiar with the International Swaps and Derivatives Association documentation.
In addition to documenting, negotiating and completing the provision of financial accommodation, banking and finance in Australia also covers:
- providing advice to credit providers regarding the Australian Financial Services Licence and Australian Credit Licence regimes
- providing advice to Authorised Deposit-taking Institutions regarding the Banking Act and their compliance obligations, and
- providing services and advice on stand still arrangements, work-outs and security enforcement, with such services extending to enforcing a party’s legal rights under transaction documents in and outside court.
Shannon has been providing specialist legal advice and services to financial services providers for over 35 years. He acts for banks, mutual banks, credit unions, building societies and others operating within the sector, and he has deep experience in relation to the regulatory environment within which they operate. Shannon also has specialist experience in relation to mutual financial institutions. The areas in relation to which Shannon practices include: regulatory compliance, particularly ...
Jeff Baker’s practice focusses on structuring and documenting Banking & Finance transactions for financial institutions operating in the Australian market. He also advises offshore based lenders and borrowers, in respect of Australian transactions or the Australian aspects of arrangements focussed offshore. Over his career Jeff has developed valuable insights into the key commercial drivers that ensure financial transactions complete in a seamless manner and within requisite timefra...
Richard Beissel leads Cowell Clarke’s Financial Services and Equity Capital Markets teams, and is a Director of our Commercial Transactions and Corporate teams. Richard advises clients on matters including financial services licensing compliance, fundraising and finance, business structuring and joint ventures, securities regulation, operations and governance, and commercial restructuring. Richard has also acted for a variety of corporations, fund managers, trustees and high net wealth ...
Regularly listed in Best Lawyers, the oldest and most highly-respected peer review guide to the legal profession worldwide, Matt specialises in: ► corporate finance ► agribusiness and agribusiness finance ► commodity finance ► real estate acquisition investment finance - commercial, industrial, residential ► real estate construction / development finance - commercial, mixed use & residential developments ► acquisition & leveraged finance ► financial asset sales and debt trading Phone ...
Mark is a specialist banking and finance lawyer with over 30 years’ experience. He advises and acts primarily in matters involving corporate lending, loan syndication, Corporations Act compliance and commercial contracts. Mark also advises on privacy issues relating to the Privacy Amendment (Privacy Sector) Act 2000. Mark has extensive experience in public listed company transactions and has provided advice on a wide range of matters to a number of high profile companies and government ...
Kim is a Special Counsel who practices in all areas of banking and finance law with a focus on corporate and business finance. Kim provides strategic and practical advice on a range of project documentation, including finance documents, charges and mortgages, and also advises parties receiving finance. Kim has experience undertaking due diligence for a variety of lenders who provide commercial loans. He also advises clients on the impact of the Personal Property Securities Act 2009 on their b...
Mark is the lead partner of the Hall & Wilcox Banking and Finance practice. Mark has almost 20 years' experience acting for Australian and overseas financial institutions and borrowers in a broad range of finance transactions, including construction and investment property finance, all forms of corporate finance, including syndicated and bilateral loans, mezzanine and quasi equity finance, acquisition finance, asset and equipment finance, and derivatives. Mark joined Hall & Wilcox in ...
Andrew is one of a handful of lawyers in South Australia experienced in working with large international banks and major financial institutions. He has worked with major clients in most states and industries and been a part of some of South Australia’s largest financing transactions. For Andrew, every transaction is an opportunity to exceed his clients’ expectations. Thriving in the cut and thrust of commercial banking and finance, Andrew goes the extra yard to complete complex tr...
Chris has 25 years’ experience acting in all aspects of real estate investment and development. His expertise includes commercial, retail, residential, and industrial developments. Chris acts for ASX listed companies, private and institutional developers and investors, state government instrumentalities, banks and financial institutions, and consultants to the real estate industry. Chris has acted on numerous high profile hotel and tourism asset transactions including Royals Pines Resor...
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