The Federal Government has released its long-awaited draft legislation to amend the Corporations Act to introduce a ‘safe harbour’ carve out to a director’s personal liability for insolvent trading and a stay on the enforceability of certain ‘ipso facto’ clauses during an administration or scheme of arrangement. Our Restructuring + Insolvency Team dissects what the proposed changes mean for Australian businesses.
Banking and Infrastructure
In a competitive commercial environment, a careful approach and resourceful thinking are what businesses look for when seeking legal advice. With our specialist industry knowledge and rich experience across the sector, our Banking and Infrastructure group advises leading financial institutions, investment banks, corporations and private equity funds – both in Australia and abroad.
Our lawyers have strong experience in both domestic financing and cross-border transactions. Most have practised in other jurisdictions across Europe, Asia and the United States, as well as in-house with our clients.
We act for lenders, borrowers, arrangers and investors, with a detailed understanding of the commercial drivers for each. We are able to anticipate key legal and commercial issues likely to arise in any financial transaction and guide our clients through them.
Our lawyers work closely with our Corporate Advisory team to provide seamless, integrated advice and transaction management. We also partner with our Competition and Regulation group for clients needing advice in these areas.
- Acquisition finance – including corporate mergers and acquisitions, and leveraged and management buyouts.
- Corporate finance – general matters, including syndicated and refinancing facilities.
- Debt capital markets and securitisation – on various programme establishments, drawdowns, credit-wrapped notes, US private placements and Islamic bonds.
- Project finance and public-private partnerships (PPP) – debt and equity financing arrangements, project formation, structure and implementation for a range of projects including PPPs, special infrastructure, property development, transport, power and energy, mining and resources, and oil and gas.
- Reconstruction and corporate recovery – advising on standstill arrangements, debt for equity swaps, security enforcement and intercreditor arrangements.
- Structured finance – asset finance, mezzanine finance, tax-effective finance structures, off-balance sheet structures and stapled and synthetic securities.
- The Gilbert + Tobin team were awarded M&A Deal of the Year and Australian Deal of the Year (NSW Electricity Networks acquisition of Transgrid) at the 2016 Australasian Law Awards. The firm was awarded Australian Law Firm of the Year (100-500 Lawyers).
- The Gilbert + Tobin team were awarded M&A Deal of the Year for work on TransGrid at the 2015 Project Finance International Awards.
- The Gilbert + Tobin team was awarded the Advisory Excellence Award for work on the Northern Beaches Hospital PPP at the 2015 Infrastructure Partnerships Australia Awards.
- Gilbert + Tobin were awarded International Deal of the Year, Property, Infrastructure and Projects Deal of the Year, Australian Law Firm of the Year (250-500 lawyers) and Law Firm Leader of the Year at the 2015 Australasian Law Awards.