The Property and Finance team at Madgwicks Lawyers offers you a unique service that combines traditional property development and construction legal services together with advice on the optimum financing and structure (including taxation) for acquisitions, sales and developments.
Our team has deep experience in providing effective legal and financial solutions for commercial, industrial and residential transactions and developments, and advises on the financing of small developments through to large and multi-staged construction projects as well as the purchase of aged care facilities, retirement villages and hospitality providers.
This combined offering delivers you cost-effective legal support by having fewer lawyers involved in the engagement and providing one holistic service attending to all areas of property and financing.
Our Property and Finance clients include a mix of banks and finance companies, non-bank lenders, private lenders, property trusts, superannuation funds and individual and family group investors.
Services
- Advisory and legal due diligence on the acquisition of property
- Structuring the funding and taxation for land, commercial and industrial acquisitions
- Preparing standard documentation of banking and finance facilities including:
- Loan Agreements and Facility Agreements
- Guarantees and Mortgages
- General Security Deeds and Specific Security Deeds
- Negotiating inter-creditor arrangements between senior and junior lenders/security holders in syndicated finance transactions
- Drafting specialised securities including:
- Tripartite and Multi-party Agreements
- Builders Side Deeds
- Property Trusts
- Construction and project finance including review and negotiation of construction contracts
- Floor-plan finance
- Factoring and invoice discounting facilities
- Mezzanine funding
- Priority, Subordination and Inter-creditor Deeds
- Attending to bulk settlements following Plan of Subdivision registration including discharge and release of registered securities
- Advising on applicability of GAIC, stamp duty, land tax and windfall gains tax
- Drafting and negotiation of Joint Venture and Shareholder Agreements
- Developments Agreements
- Project Management Agreements and Consultancy Agreements; and
- Undertaking recovery and enforcement proceedings
Recent Experience
- Acting for Bank as the financier of a major land development outside Geelong, drafting multi-million dollar loan facility agreements and complex security documentation including several separate, but cross-collateralised loan agreements and development entities and the review and amendment of:
- Complex joint venture agreements
- Development agreements
- Associated management agreements
- Complex construction (civil works) contracts and a series of tripartite agreements
- Acting for non-bank lender refinancing multiple cross-collateralised lending facilities for a development and construction group including:
- Multiple facility agreements and tripartite agreements
- Drafting and negotiating guarantee terms
- Review of s173 preconditions and drafting of General Security Deeds
- Acting for Lender to a group of development entities in their acquisition of land development sites and ongoing land development including:
- Review of series of Contracts of Sale and drafting and negotiation of complex amendments to Construction Contracts
- Drafting of Infrastructure Funding Deeds (in connection with turnkey deferred payment facilities) and all security documentation
- Negotiating priority arrangements with prior Banks/Lenders including drafting of Priority Deeds
- Acting for a major construction, finance and development group in the acquisition of a property development and management group of companies including:
- Corporate acquisition negotiations and documentation
- Restructuring of 10-12 separate finance facilities relating to eight independent projects
- Negotiation and structuring of multiple new finance facilities and all related securities
- Acting for Bank in negotiation for the provision of finance for the acquisition of a retail complex including drafting of all facility and security documentation, managing settlement complexities, reviewing leases (including major tenants) and advising in relation to planning permits and requirements for future development
- Acting for a borrower in a negotiation of complex $70 million construction loan facility in relation to a multistage land subdivision involving a non-bank lender as the senior financier including construction contracts, civil works side deed, securities and pre-sales certification
