Finance

Consumer finance

  • providing project management in relation to start up financial consumer finance businesses
  • drafting Uniform Consumer Credit Code regulated consumer loan and consumer lease documentation
  • advising on regulatory and licensing requirements
  • advice on e-commerce and electronic transactions legislation to create simplified finance approval and documentation procedures for lenders and lessors
  • participating in industry groups
  • conducting due diligence and providing associated advice on mergers, acquisitions and disposals of consumer finance businesses
  • drafting arrears management policies and procedures to ensure compliance with ACCC and ASIC guidelines
  • preparing and advising on finance broker introducer/accreditation agreements
  • review of marketing, advertising and website material relating to consumer credit offerings to customers
  • conducting civil penalty and class action litigation for financial institutions
  • advising on AML/CTF compliance programmes.

Equipment finance

  • drafting commercial loan agreements, rental agreements and hire purchase agreements
  • electronic transactions advice to implement internet based finance approval systems and documentation for equipment purchase and equipment rental
  • bailment and floor plan facilities
  • securitisation funding
  • sale of receivables agreements and supporting funding documentation
  • distributor agreements, dealer agreements, principal and agency agreements, secured guarantees and associated security documentation to support financing facilities provided to borrowers and dealers
  • participating in industry groups
  • conducting due diligence and providing associated advice on mergers, acquisitions and disposals of equipment finance businesses
  • dealer and security portfolio reviews for financial institutions to assist with assessing a business’ risk portfolio.

Project & structured finance

For both lenders and borrowers, we prepare and negotiate all relevant documentation and provide advice in respect of all aspects of:
  • development and construction financing
  • revenue neutral financing
  • leveraged financing
  • professional services financing.

Corporate finance

For both lenders and borrowers, we prepare and negotiate all relevant documentation and provide advice in respect of all aspects of:
  • lending for general corporate purposes
  • secured and unsecured multi-option facilities
  • syndicated loans
  • subordinated and mezzanine loans
  • debtor financing and cashflow lending
  • trade financing.

Business banking

For both lenders and borrowers, we prepare and negotiate all relevant documentation and provide advice in respect of all aspects of:
  • food and agribusiness banking
  • debtor financing and cashflow lending
  • trade financing.

Banking advisory

  • advice in respect of interpretation of contractual provisions in loan and security documentation
  • regulatory and prudential advice
  • drafting precedent facility and security documents
  • advising on AML/CTF compliance programmes.

Funds management and FSR

  • assisting clients obtain and vary their Australian Financial Services Licences, including advice and analysis of financial service authorisations, preparation of the application and proof documents
  • advising on retail managed investment schemes, including drafting constitutions, compliance plans and product disclosure statements
  • advising on wholesale managed investment schemes, including structuring and drafting unit trust deeds and information memoranda
  • advising on trust mergers, stapled security structures and relevant stamp duty implications including land-rich provisions and trust merger stamp duty exemptions
  • advising on ISDA derivatives agreements for currency or interest rate hedges
  • drafting and negotiating agreements with operators of IDPSs (Investor Directed Portfolio Services)
  • advising on and structuring distribution arrangements
  • structuring capital raising proposals to comply with FSR
  • advising on professional indemnity insurance policies (including advice on new ASIC minimum requirements)
  • advising on AML/CTF compliance programs.

For more information on registered vs unregistered funds, please click here. For information regarding the distinction between retail and wholesale clients in the context of registered and unregistered managed funds, please click here.

 
Recent News and Publications
21 Apr 2015
The recent decision of the Federal Court of Australia In the matter of Coin Co International plc (Administrators Appointed) [2015] FCA 354, in which DibbsBarker acted, demonstrates the desirability of moving quickly to seek recognition in jurisdictions where a company trades in order to avoid potential cross-border issues.
24 Mar 2015
The Final Report on the review of the Personal Property Securities Act 2009 (PPSA) has been released. The Report analyses the implementation of the PPSA and makes extensive recommendations on how to improve the PPSA and assist the PPSA to achieve its objectives.
16 Dec 2014
In a recent NSW Court of Appeal decision, the appellant was unsuccessful in his claim under the Contracts Review Act 1980 (NSW) that loans were unjust on the basis that the lending structure, under which he had borrowed funds, allowed a fraudster to misappropriate the loan funds.