Banking and Finance

Acting for Banks & Financiers

We specialise in banking and finance. We offer a full range of services to banks and financiers.

We can assist with structuring and security advice, preparation of loan and security documentation, due diligence, trust deed reviews, pre-sale reviews, priority and intercreditor negotiations, compliance and regulatory advice, PPSA advice, default management, security enforcement, mediation and litigation (Court or EDR disputes).

In particular, Independent Legal specialises in the following areas of finance:

  • Property and construction finance

  • Commercial and Corporate finance

  • Mezzanine finance

  • Hospitality finance

  • Aged care finance

  • Self Managed Superannuation Funds

  • Bridging finance

The team at Independent Legal have acted for many Australian banks and financiers in most Australian jurisdictions including the following:

  • ANZ

  • BankWest

  • Banner Asset Management

  • Capital One Funds Management

  • CBA

  • Credit Suisse

  • NAB

  • St George

  • Suncorp

  • Westpac

  • Wingate

Like banks and financiers, we are relationship driven and focus on building relationships with our clients. We strive to add value to our client’s businesses. We assist with the relationship by providing service and delivery that meets the financier’s and their customer’s expectations.

For the majority of matters the borrower pays the legal fees, but irrespective of who is paying we offer transparent and reasonable fees, in most cases fixed in nature. We ensure no nasty surprises that can impact on the relationship. We also provide commerciality in document negotiations and access to senior lawyers.

Acting for Borrowers

The team at Independent Legal are highly experienced in all areas of finance negotiations, particularly:

  • Corporate and Commercial finance

  • Code of Banking Practice regulated loans

  • Construction finance (for either borrowers of Senior Debt or Junior Debt)

  • Investment Property finance

  • Mezzanine finance

  • Asset finance

  • National Credit Code regulated loans

  • Intercreditor and subordination agreements

  • SMSF finance

We focus on commercial and practical advice. We are very familiar with the standard documents used by financiers and know which areas can and should be negotiated. We take a modern and flexible approach to client interaction and resolving commercial issues. We negotiate hard to get what is best for our client and provide direct and clear advice on the legal issues, so the client can make informed commercial decisions.

Independent Legal Advice

Independent Legal Advice – Guarantor Advice – Borrower Advice

Independent legal advice involves the explanation to guarantors, borrowers or third party security providers of their obligations and liabilities contained in loan and security documents proposed in a loan transaction. This is fast becoming an essential requirement by lenders.

Lenders require guarantor’s to obtain independent legal advice to ensure all parties understand the proposed transaction. We specialise in banking and finance law and have vast experience in this area. We are also familiar with the standard documentation used by most lenders, big or small.

We can provide this service:

  • Within 48 hours of receiving instructions;

  • Australia wide in person in our office or via recorded video interview.

Our fees are fixed for the provision of independent legal advice, with a scale of fees linked to the monetary value of a transaction.