Banking and Finance

Our banking & finance team represent bank subsidiaries, finance companies and other financial institutions.

Through our careful recruitment of quality team members and the provision of outstanding service, we have gained the confidence of major banks, public companies, private corporations and the government (both local and federal). This position has led to our development of an enviable amount of experience and depth. Expertise includes:
documentation

We advise financial institutions and corporations on financial transactions, dispute resolution and prepare a wide range of loan documentation.

Our team has considerable experience in all forms of security documentation including:

  • mortgages
  • debentures
  • floor plan finance
  • construction funding
  • securities over specialised real estate and personal property
  • syndicated financing
  • factoring and trade finance
  • review and restructuring of existing security arrangements
  • company charges (fixed and floating)
  • registered bills of exchange
  • personal, bank and directors guarantees
  • cross charges
  • liens (workers and common law)

advice and product

  • preparation of an Electronic Funds Transfer Code of Conduct
  • advising on the Law of Property Act implications with respect to priorities of registered and unregistered dealings including those pursuant to the Workmens Liens Act interrelationships
  • preparation of a Privacy Policy for a financial institution and providing advice in connection with its implementation
  • Financial Services Reform Act advices on various matters in connection with the general business of a financial institution including insurance products.
  • preparation of product disclosure statements and statements of advice
  • advising on property leases for financial institutions and ATM Licenses, both lessor and lessee situations
  • advising on significant supply agreements including software and IT management systems

commercial lending

We have extensive experience in commercial lending. We currently provide commercial lending legal services to a number of national and Northern Territory financial institutions. This includes both front and back end work. In particular, the preparation of loan and securities documentation and settlements through to transactional banking advice, securities enforcement and general banking litigation.

  • preparation of commercial & personal loan agreements
  • tripartite agreements
  • bills of sale

Sales and Acquisitions

We have managed the sales and acquisitions of major infrastructure including all aspects of due diligence including;

  • buildings (multi tenancy)
  • hotels (including liquor and gaming issues)
  • shopping centres
  • mining tenements
  • motor vehicle dealerships: and
  • pastoral properties

Tax and revenue law

Advising on:

Territory

  • structuring business acquisitions and joint ventures to maximise tax efficiency and exclude multiple tax liabilities
  • leasing business or other hire of goods tax issues
  • stamp duty tax liability and exemptions
  • payroll tax liability and limitations
  • financial institutions duty
  • completing financial transactions mortgagee sales

Federal

  • managing the affairs of clients with respect to income tax, goods and services tax, capital gains tax, superannuation and Territory taxes
  • advising on corporate structuring and planning
  • submissions to the Tax Office for private and public rulings
  • employee reward packaging

Other Areas

  • preparation of standard loan and security documentation
  • advising on Trade Practices Act issues
  • advising on Consumer Credit Code (NT) issues