Finance
Navigating Finance Solutions for Public and Private Companies
Salerno Law provides expert legal advice on banking, financing structures including securities, disputes, investigations, and regulatory challenges.
Our team of experienced finance lawyers offers comprehensive advice across all aspects of banking and financial services. This includes financial transactions, securities regulations, lending agreements, financing arrangements, and debt restructuring. We specialize in complex funding solutions, such as structured finance for property development and PPSR structuring.
Additionally, we advise on corporate mergers and acquisitions, shareholder agreements, joint ventures, commercial transactions, business sales, commercial leasing, and software service agreements.
How we can help
At Salerno Law, we deliver legal solutions that keep pace with a fast-changing world. Our experienced legal team combines deep expertise with a practical, client-first mindset to deliver timely, accurate, and commercially-focused outcomes. With a presence across Australia and internationally, we offer seamless support no matter where our clients operate. By leveraging modern technology and a commitment to clear communication, we provide efficient, cost-effective legal services that never compromise on quality or results.
Debt Recovery
Our banking and finance lawyers provide comprehensive support for lenders and financial institutions seeking to recover debts efficiently and effectively. We...
Lending Agreements
Our team specializes in drafting, reviewing, and negotiating comprehensive lending documentation that underpins all types of financing...
Securities & Collateral
Securing loans with appropriate collateral is fundamental to mitigating lender risk, and our lawyers bring deep expertise in preparing, perfecting...
Regulation & Compliance
Navigating Australia’s rigorous regulatory landscape is critical for financial institutions and lenders operating in the banking and finance sector. Our legal...
Debt Restructuring & Insolvency
When financial distress arises, our banking and finance lawyers provide crucial advice and support to creditors and debtors in navigating debt...
Guarantees
Guarantees provide lenders with additional security and risk mitigation by involving third parties who agree to assume liability if the primary borrower...
Our Experience
- Acted in the establishment of a complex financing structure for development of the Mt Carbine Tungsten project.
- Acted in numerous financing arrangements for development of property developments throughout Australia.
- Acting under instructions for Kroll Pty Ltd who were appointed voluntary administrators of the company who were involved in both Forex and Cryptocurrency trading both domestically and internationally. Assisting through the voluntary administration and thereafter during the DOCA phase.
- Advising and assisting in relation to AFSL requirements for a cryptocurrency exchange operating in Australia.
- Acting for a group of investors in a class action against the owners and operators of the Qoin cryptocurrency token. Commencing the first cryptocurrency class action in Australia with these proceedings being brought in the Federal Court.
Finance FAQs
Options include issuing statutory demands, commencing winding-up or bankruptcy proceedings, enforcing security interests via foreclosure or receivership, and negotiating voluntary repayment or settlement agreements.
Lenders can enforce security by appointing receivers, selling secured assets, or seeking court orders to recover the debt, provided security documents are properly drafted and registered.
Important clauses include covenants, conditions precedent, events of default, remedies, representations and warranties, pricing terms, and dispute-resolution mechanisms.
Bilateral loans involve one lender and one borrower with simpler agreements, whereas syndicated loans include multiple lenders with complex inter-creditor arrangements and shared obligations.
Common securities include mortgages over real property, fixed or floating charges, pledges of shares or other assets, and security interests registered on the Personal Property Securities Register (PPSR).
Registration perfects the security interest, giving the lender priority over unsecured creditors and other secured parties and enabling enforcement rights if the borrower defaults.
Obligations include obtaining and maintaining an Australian Financial Services Licence (AFSL), complying with disclosure and conduct rules, reporting financial information, and ensuring responsible-lending practices.
Options include renegotiating loan terms, refinancing, voluntary arrangements such as deeds of company arrangement (DOCA), voluntary administration, or liquidation.
Insolvency limits creditor enforcement actions and prioritises repayments according to statutory ranking; secured creditors generally have priority over unsecured creditors in recoveries.
Guarantors assume liability if the borrower defaults, potentially exposing personal or corporate assets. Risks can be managed through clear drafting, limiting the guarantee’s scope, including release conditions, and providing independent advice to guarantors on their obligations.