Negotiating Business & Construction Loans – use a Financial Law Specialist.

Any legal transaction can be a long, complex, and stressful process. If it’s not done properly, you could end up at a loss, so it’s vital to have a professional working with you. Banking and finance lawyers specialise in providing legal advice to organisations engaged in large legal transactions; such as mergers and acquisitions, initial public offerings and even liquidations. You might find yourself dealing with any number of finance documents up for negotiation, including:

  • facility agreements;
  • security documents;
  • guarantees;
  • priority agreements;
  • subordination agreements;
  • hedge agreements; and
  • various ancillary documents.

Banking and finance law is regulated by specific pieces of legislation and governed by numerous regulatory bodies. As such, it’s a complex field of practice and experienced finance practitioners should be engaged to help smoothly negotiate finance documents and navigate the process of a banking and finance transaction. Given the complex legal frameworks that govern transactions in both the domestic and global economy, it is extremely important to engage an experienced finance practitioner to draft and negotiate such finance documents to accurately document the terms and conditions of financial arrangements to:

  • ensure they reflect the commercial agreement between the parties; and
  • abide by such legal frameworks.

At Salerno Law, Senior Associate Jamieson Doyle-Taylor brings a wealth of banking and finance experience. Having acted for several leading Australian and International firms on a range of domestic and cross border matters, Jamieson has proven his ability in this area of practice time and time again. He has represented a broad range of clients including financiers, corporate borrowers, sponsors, asset managers, insolvency practitioners and corporate trustees offering expert financial legal advice.

Jamieson has extensive experience in a range of industries; including property and construction, financial services, food and beverage, retail, hospitality, automotive, aviation, energy and resources and agriculture. Jamieson has a keen understanding of the legal environment in which various organisations operate.

Representing a broad range of clients has given Jamieson an excellent understanding of what the various parties to a finance transaction will likely require, in any finance transactions. This breadth of experience allows him to further understand what is reasonable; when to compromise and when it is necessary to be assertive on behalf of clients. With Jamieson’s specialist expertise, the client undoubtedly benefits during the negotiation process. Understanding the specific requirements and commercial context of a deal ensures clients legal and commercial interests are reflected in the finance documents. Engaging a practitioner with Jamieson’s experience rather than a regular corporate lawyer allow clients to rest assured that all post-completion procedures and registrations, and final documentation will be attended to in a timely manner, with additional efficiencies in the process implemented along the way resulting in reducing legal fees.

Next time you are dealing with any finance documents or contemplating a finance transactions, be sure to think of Salerno Law for the best banking and finance experience on the Gold Coast.

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Litigation and dispute resolution

Litigation within the agribusiness sector refers to legal disputes and court actions that arise in connection with agricultural operations. These cases often require in-depth understanding of both the legal system and the unique regulatory landscape of agriculture. Our firm has extensive experience with the full gamut of legal disputes such as:

The key areas that we can assist with include:

  • Contractual Issues: Disagreements often arise from contracts involving supply chains, land leases, share farming, agistment arrangements, partnerships, joint ventures, and various other commercial agreements typical in the agricultural industry.
  • Land Access and Compensation: Conflicts may occur over access to land for activities like mining, gas exploration, or infrastructure development, often involving compensation claims for landowners.
  • Workplace Disputes: Litigation may stem from matters such as wrongful termination, employment agreement breaches, or occupational health and safety concerns on farms or in agribusiness operations.
  • Environmental and Biosecurity: Disputes may be triggered by non-compliance with environmental regulations, pollution events, water contamination, animal and plant health including pest and disease control measures or debates surrounding water usage and rights.
  • Intellectual Property Rights: Conflicts might arise over ownership or use of agricultural intellectual property such as plant variety rights, trademarks, and other proprietary innovations.
  • Farm Succession and Inheritance: Disputes over the division of farming assets, family trusts, or the interpretation of wills often lead to litigation in the context of generational farm transfers.

Rural property acquisitions and sales

The purchase or sale of rural land involves a broad spectrum of legal considerations that require careful attention. Key issues often include legal access to the property, the existence of easements, water rights and entitlements, land zoning regulations, potential land contamination, and the impact of native title, mining interests, and cultural heritage protections. It is also essential to assess the tax implications of the transaction, particularly in relation to Goods and Services Tax (GST) and Capital Gains Tax (CGT).

Salerno Law has extensive experience navigating the complexities of rural property matters at local, national, and international levels. We provide comprehensive support throughout the entire transaction process—from initial due diligence and review of contractual documentation to stakeholder engagement and final settlement. Our goal is to ensure that every legal aspect is addressed thoroughly and efficiently, safeguarding your interests every step of the way.

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Acquisition and leveraged finance

Opportunities in a tightening market

Borrowers and lenders face increasing pressure as leveraged finance markets tighten in the face of higher interest rates, inflation and geopolitical uncertainty. To explore new opportunities at the outset of any deal, market participants require the support of experienced, detail-oriented advisers who understand the competitive and potentially complex nature of this sector.

Expert advisers with an innovative approach

Ashurst’s global leveraged finance team advises major financial institutions, private equity houses, alternative asset managers, mezzanine financiers and corporations. Leveraged finance is a core area of expertise for Ashurst. Our team has institutional knowledge across sponsors, credit funds and banks, which means we can streamline the process for you. We have experience in the full range of leveraged.