Areas of practice
As a graduate working in Banking & Finance, you will be involved in many different areas of law. The Banking & Finance team acts for a variety of banks, financial institutions, government bodies and major corporate borrowers which are involved in finance raising activities. We act on all types of finance transactions and advises on the regulation of banks and other financial institutions. The following are some of our main areas of practice.
Project finance
We act for a range of clients in financing the development or exploitation of an asset where repayment is to be made principally out of revenue produced by the project. Projects worked on by the team include mines, manufacturing plants and infrastructure assets such as power stations, toll roads, rail, ports and airports.
Typical services we provide include:
- drafting and negotiating financing documents such as loan agreements, security documents, guarantees and tripartite agreements between the sponsor, financiers and public sector parties involved in the project
- advising on the corporate structure of the project to facilitate financing and ensure recourse is limited to project assets, and
- assisting sponsors with corporate governance aspects of fundraising.
Debt capital markets
We act for banks, large companies and government entities that borrow significant sums by issuing bonds or other debt instruments that are bought by domestic or international capital markets investors. Our clients also include investment banks that arrange those transactions and trustees who act as representatives of the bondholders and who may hold security for those bond obligations. Bond financing is not only a key source of funding for banks and companies, but it is also vital to many infrastructure and other projects and the development of Australia’s resources, leisure and property sectors.
Consumer financial services
We act for financial service providers and large corporations in relation to banking products and offerings that consumers are likely to use for their own personal purposes (either household or investment).
Typical services include:
- drafting the terms and conditions for a bank’s products (for example, bank accounts and loans)
- arranging and organising loyalty programs, and
- drafting arrangements for financial institutions for products such as telephone, internet banking and EFTPOS.
Property finance
We act for a variety of financial institutions and construction companies to assist in the financing of the acquisition, construction and development of commercial, residential and retail property—from shopping centre development to commercial and office construction.
Securitisation
Securitisation is a financing technique that involves the conversion of usually non-tradeable assets with predictable cash flows into marketable securities. Essentially, it is the process of creating securities backed by pools of assets with the securities then being sold to institutional investors. Securitisation covers a range of different transactions, including residential mortgage-backed and asset-backed transactions.
We represent underwriters, dealers and credit enhancers in relation to the securitisation of assets in Australia, North America, Asia and New Zealand. Typical services include:
- planning and structuring advice (including stamp duty and taxation advice)
- advising clients on corporate and licensing issues, and
- dealing with rating agencies and credit support providers.
Your role as a graduate
As a graduate, your role may include:
- preparing and coordinating conditions precedent
- drafting and reviewing various types of securities
- drafting various other documents, including board minutes, powers of attorney, short form loan agreements, legal opinions, deeds of release and documentation in relation to financial assistance
- preparing for and coordinating signings and completions
- researching and preparing advice on various legal issues, and
- corresponding with clients and team members.
