Financial Services

Relying on the depth and breadth of our expertise, ClarkeKann’s Financial Services team structures and executes deals that suit market conditions.

Our clients, ranging from financial institutions, public and private companies to individuals, trust us with the full range of finance transactions, including real estate, construction, corporate finance and securitisation, as well as finance litigation and recoveries.

We can assist on the entire transaction, from structuring and term sheet negotiation, through to documentation, satisfaction of conditions precedent and financial settlement.

We have drafted precedent documents for a number of our key clients, including their loan and security documents, guarantees, valuer’s instructions, due diligence checklists for trusts, companies and real estate, deeds of priority and builder’s side deeds.

We provide advice to participants in the funds management industry including responsible entities, custodians and investment managers. We have experience with the Significant Investor Visa regime.


  • Agrifinance
  • Structured finance
  • Construction finance
  • Funds management
  • Lease and equipment finance
  • Primary debt and mezzanine funding
  • Project finance
  • Trade finance
  • Preferred equity / joint venture arrangements
  • AFSL licensing, licensing under the National Consumer Credit Protection Act and other compliance issues


StockCo Group

Drafting pro forma documentation for this agrifinance cash flow lender, advising on implementation of PPSA policies and procedures, various recovery actions and acting on substantial structured finance arrangements to provide wholesale funding, including securitisation, complex senior finance club facility arrangements and a $30m note issue.

Realm Adelaide (Adelaide’s tallest building)

Acting for the sponsor on numerous complex financing transactions to fund the completion of this landmark project including a $126 million construction facility structured as a syndicated loan note, two mezzanine facilities, two residual stock loans and security arrangements with a previous owner to protect rights to transfer back certain built assets.

AMAL Trustees Pty Limited

Assisting AMAL with their appointment as an independent trustee to newly established funds, including reviewing trust deeds, investment management agreements and information memorandums.

Fidelity Capital

Documenting real estate finance transactions and drafting precedent leasing finance documents to ensure compliance with applicable laws.

Bank of China

Documenting transactions across a range of areas including term loans, lines of credit, trade facilities and dual currency facilities.

Epic Property Investments Limited

Advising in relation to compliance with requirements of its Australian Financial Services Licence, corresponding with ASIC, applying for variation of conditions of AFSL and negotiating terms with financiers of the group.

Indigo Agriculture

Assisting and advising this US headquartered agriculture company with its offer documentation dealing with the supply of seeds coated with its microbial technology and pre-payment of the resulting crop, in conjunction with the implementation of PPSA policies and procedures.


Unfair Contract Terms Reform Alert (2022)

Unfair Contract Terms Reform Alert (2022)

There are changes happening! Significant changes are set to shake up the law of Unfair Contract Terms in small business standard form contracts. The changes come into effect on 9 November 2023 and will introduce serious penalties for businesses that use and rely on...

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Introducing Corporate Collective Investment Vehicles

Introducing Corporate Collective Investment Vehicles

Traditionally it has been perceived that a lack of familiarity by foreign investors with the trust based structure of Australian managed investment schemes has been a significant barrier to attracting offshore investment in Australian funds. To combat this, from 1...

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High Court lays down the law on asset-based lending

High Court lays down the law on asset-based lending

A recent case decided by the High Court found that the lender of an asset-based facility acted unconscionably in making a loan available to the borrower and ordered that the loan and mortgage be set aside. Key Takeaways Lenders must carefully scrutinize the...

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