Find Lawyers in Perth, 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.
Ben Burney, Principal Lawyer/Head of Banking & Financial Services DWF (Australia)
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