Our dedicated financial lawyers offer legal services ranging from obtaining and providing financial accommodation for you through to credit default situations and recovery processes.
Our team is arranged into two main core areas, one half of which is concerned with dealing with finance litigation and recoveries, and the other in pertaining to dealing with transaction advice, facility and security documentation and restructuring processes.
Our highly experienced finance litigation team specialises in banking and finance dispute resolution and advice, the enforcement of mortgage and other securities measures, monetary debt recovery matters, insolvency related matters in addition to all aspects of asset recovery and loss minimisation for our clients. Our team act for some of Australia's largest lenders and associated finance providers.
Our documentation and securities lawyers negotiate and draft credit facilities agreements as well as specialised security documentation, including pro-forma securities for use throughout Australia. Transactions include financing major central business and regional district businesses, properties, shopping centres, hotels and tourist facilities, construction projects and large scale subdivision financing.
Russell Kennedy Lawyers also have substantial financial advice dispute experience. A number of our team have had experience working in the Investments, Life Insurance and Superannuation division of the Financial Ombudsman Service (FOS), dealing primarily with financial advice disputes. We at Russell Kennedy can therefore, confidently provide investors and financial advisers with advice on all aspects of compliance, risk management and dispute resolution solutions when dealing with FOS.
Acting for a bank in the $100m funding of the capital lease acquisition of the Port Authority and 10 buildings at Docklands. The documentation process extended over a period of 12 months and involved a novel acquisition structure for the two major commercial buildings.
Acting for a bank’s health services division in the provision of advice and preparation of specialist securities over complex pharmacy group business structures.
Acting for the UK subsidiary of an Australian bank funding a UK SME borrower acquiring Australian companies and assets and assisting the bank with its consent to a complex corporate restructure involving restructuring existing and new securities.
Acting for a bank in connection with a $35m facility to an aged care facility involving complex security issues and due diligence on the acquisition structure, bed licences and accreditation and approved provider status.
You can read about our Finance Litigation Experience by visiting our Finance Litigation page here
View our Financial Services team
If you have given or find yourself giving a joint and several guarantee together with other guarantors to a Bank to secure a debt obligation of a borrower you have agreed to guarantee, it pays to understand what all guarantors have or are agreeing to.