Finance & Lending
Loan, security and lending, for borrowers and lenders.
Documentation and advice across the lending side of property and commercial transactions. We act for both borrowers and lenders, including private lending arrangements, PPSR security registration, and mortgages secured against commercial property and business assets.
Lending is where most commercial transactions either accelerate or stall. Our role is to make sure security documentation is fit-for-purpose, conditions precedent are realistic, and the funder's risk is matched to the borrower's commercial position, not the other way around.
We work with major lenders, second-tier funders, private lenders and family-office capital. Every matter is documented to a standard that holds up in a default scenario, not just at settlement.
We map risk early, focus on the issues that move the needle, and keep everything else simple.
Services
What we cover.
- 01Loan agreements (commercial and private)
- 02Mortgage preparation and review
- 03PPSR security registration and advice
- 04Guarantor advice (independent legal advice certificates)
- 05Borrower-side and lender-side representation
- 06Refinancing and security restructures
- 07Inter-creditor arrangements
- 08Default and enforcement strategy
The finance process
From term sheet to drawdown.
Lending either accelerates a transaction or stalls it. We run the documentation and conditions in parallel so the funds release on the day they're needed.
Brief us on the funding- 01
Term sheet review
Before documentation begins, the commercial terms sit in a term sheet or letter of offer. We review it first. The cost of changing a term rises sharply once it's in the facility agreement.
- 02
Security documentation
We draft or review the facility agreement, mortgage, general security deed and any specific security, built to the standard that survives a default scenario, not just to reach settlement.
- 03
Conditions precedent
Lenders impose conditions that must be satisfied before drawdown. We work through the CP checklist methodically so the funder releases on the day the borrower needs the money, not a week later.
- 04
Guarantor advice
Where guarantees are required, guarantors obtain independent legal advice and sign the ILA certificate. We arrange this in parallel so it never becomes the thing that holds up settlement.
- 05
Settlement & drawdown
Security is executed, conditions are satisfied, and funds draw down, coordinated with the property or business settlement where the finance is funding a transaction.
- 06
Registration & post-completion
The mortgage is registered on title and PPSR registrations are lodged over personal property, so the lender's security ranks where it should. We confirm the post-completion position in writing.
Representative matters
Lending, on both sides of the deed.
We act for borrowers and lenders alike, so we document with an eye to how the other side, and a court, will read the security if it's ever tested.
- 01Commercial loan and mortgage documentation
- 02Private and second-tier lender facilities
- 03Family-office and SMSF lending arrangements
- 04PPSR security over fit-out, equipment and goodwill
- 05Guarantor independent legal advice and certificates
- 06Refinances and security restructures
- 07Inter-creditor and priority arrangements
- 08Default, enforcement and recovery strategy
Begin a finance matter
Ready to close the loan?
Loan documentation, security, PPSR and guarantor advice for borrowers and lenders across property and commercial transactions.
Or call (02) 9280 4599