Find Lawyers in Australia for Banking and Finance Law
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Banking and Finance Law - Australia
About this Practice Area
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...
Michael is a banking and finance Partner with extensive experience in major asset restructuring and insolvency transactions, and associated dispute resolution. Michael lives and works in Melbourne and Adelaide and has experience practising throughout Australia. With a principal focus on high-end insolvency work, Michael has particular expertise in restructuring including formal administrations and Deeds of Company Arrangements, informal workouts, securities enforcement and associated dispute ...
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 ...
John Brimacombe is a Consultant in Cowell Clarke’s Financial Services team. John is one of the most experienced and respected banking and finance lawyers and has been involved in some of the largest and most complex financing transactions in South Australia. John adds value to corporate funding and debt financing transactions with his significant experience from acting for financial institutions, borrowers, syndicates, agents and trustees and has a well-rounded understanding of clients&...
Paul is a Consultant to both HopgoodGanim Lawyers' and our clients and provides high-level, strategic banking and finance advisory services on projects and corporate transactions. For more than 30 years, Paul was a Partner of the firm and the Head of our Banking and Finance practice. Paul has over 30 years’ experience in banking and finance, insolvency and joint venture transactions. As a Partner, his practice involved advising on commercial lending for banks and borrowing for corporate...
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 ...
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...
Maryanne Loughnan QC is a commercial barrister with over 30 years’ experience across all aspects of commercial dispute, with expertise in banking and finance, contractual disputes, securities, consumer and competition law, credit law, property and sale of land, franchises, insurance and commercial leases. Maryanne has a particular interest and significant expertise in banking and finance law and is briefed frequently on complex matters for many large banking and financial institutions. ...
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...
Banking and Finance Law Definition
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.
Our Methodology
Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.
The Process
Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer review survey is directly related to the quality of the voters.
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