© 2017 Kuessner Arthur (ABN 54 618 653 357).

Liability limited by a scheme approved under Professional Standards Legislation.

            Legal practitioners who are principals of, or employed by, Kuessner Arthur are members of the scheme.

Banking & Finance

Securitisation, Debt Capital Markets, Covered Bonds, Structured Finance, Derivatives, Structured Products, Corporate Finance (Bilateral, Syndicated and Club lending), Property & Construction Finance, Acquisition Finance, Project Finance and Restructuring & Insolvency

We have extensive experience in domestic and cross-border banking and finance transactions acting for the full range of participants, and well as providing advice on complex regulatory matters.  We provide seamless legal advice that anticipates critical legal and commercial issues.  From initial structuring issues, through the documentation phase to execution of transaction documents, we help our clients to successfully achieve their commercial objectives. 

 

We act for international and domestic borrowers, issuers, lenders, investors, hedge providers, managers, servicers, standby facility providers, trustees and rating agencies and we understand their perspectives and the issues that are important to them.  Our in-depth market knowledge enables us to formulate the most efficient solutions, which we tailor to each client's needs.

We have experience in in banking and finance transactions in Australian and international markets, including (but not limited to) the US, numerous Asian markets, the EU, Canada, South Africa, Brazil and New Zealand.

 

We have expertise in a range of banking and finance transactional and advisory work and our expertise includes:

  • Securitisation

  • Debt Capital Markets

  • Covered Bonds

  • Structured Finance

  • Derivatives

  • Structured Products

  • Corporate Finance (Bilateral, Syndicated and Club lending)

  • Property & Construction Finance

  • Acquisition Finance

  • Project Finance

  • Restructuring and Insolvency

Property & Construction

Property acquisitions and disposals, Property Development, Construction, Contracting, Planning & Leasing

We have expertise across the entire lifecycle of property and real estate transactions, ranging from investment structuring, acquisitions, planning, regulatory approvals, financing, construction, sales and leasing.  Our lawyers have acted for domestic and foreign developers, domestic and foreign investors, fund managers and real estate investment trusts. 

 

We provide integrated advice and transaction management to meet our clients' commercial objectives.  We have in-depth market knowledge and experience which enable us to deliver innovative flexible solutions. 

 

We cover all areas of property and real estate transactions and our expertise includes:

  • Project Structuring and Delivery

  • Real Estate Development

  • Environment and Planning

  • Tenancy and Strata Laws

  • Joint Ventures

  • Construction

  • Real Estate Finance

  • REITs and Real Estate Funds Management

  • Leasing

Corporate

General corporate and commercial, restructuring of corporate groups, Mergers & Acquisitions, Disposals, Joint Ventures & Australian Financial Services Licences

We provide tailored solutions to companies of all sizes.  From a publicly listed company to a special purpose vehicle, we find innovative solutions for our clients and advise on a range of corporate issues.  We have extensive experience in project managing cross-border and multi-jurisdictional transactions.

 

We make sure we understand our clients' commercial rationale behind each transaction and provide pragmatic solutions to meet our clients' business objectives.  Our commercial approach delivers efficient and practical solutions so that our clients can focus on their business.

 

Our expertise covers:

  • Business Structuring and Planning

  • Business Transfers and Acquisitions

  • Foreign Investment

  • Joint Ventures

  • Procurement

  • Financial Services

  • Directors' Duties

  • Corporate Governance

  • Company Secretarial

Capital Markets (Equity & Debt)

Equity Capital Markets, IPOs, Debt Capital Markets, Hybrid securities & ASX Listing Rules

.

We advise on all aspects of domestic and international capital markets transactions.  We draw on extensive in-depth market experience and knowledge to provide commercial and strategic advice.  We advise on the full range of equity capital markets (ECM), equity-linked and debt capital markets (DCM) transactions for Australian and international clients. 

 

Our lawyers have advised clients on Australian domestic transactions, "Kangaroo" issuances by non-Australian entities denominated in AUD and issuances by Australian entities in non-AUD currencies in other jurisdictions (eg a range of Asian jurisdictions, US, EU, Canada, New Zealand and South Africa). 

Our lawyers have worked on some of the most innovative, complex and largest capital markets transactions.  A number of those transactions have won "Deal of the Year" awards, have been the first of their kind or the largest by value of their kind.  

Our full service capital markets offering includes:

 

Equity Capital Markets:

  • Primary offerings including initial public offerings

  • Secondary fundraisings including placements, entitlement offers and block trades / sell downs

  • Exchangeable and convertible bonds

  • Retail note offerings

 

Debt Capital Markets:

  • Short Term / Medium Term Debt Securities

  • Stapled Securities

  • Equity-linked / Hybrid Capital Securities

  • Credit-linked / Structured Products

  • Covered Bonds

  • Derivatives

  • Securitisation

  • Collateral Debt Obligations

  • Liability Management

Foreign investment into Australia

Structuring equity and debt investments into Australia, Business registrations & Foreign Investment Review Board Applications

We have extensive experience working with clients from outside Australia (both State-owned clients and private clients) to acquire, manage or divest investment opportunities in Australia.  In particular, we have in-depth knowledge of working with clients from various Asian countries, North America and the EU and can provide a seamless service. 

 

We are familiar with the needs of clients from outside Australia and can assist our offshore-based clients to successfully navigate Australia's regulatory framework for foreign investment.  We make ourselves available to our clients from outside Australia at times that suit their time zone in order to meet their commercial objectives. 

 

We start with tailored structuring advice for our offshore clients and oversee the entire regulatory approval process.  We offer our clients from outside Australia responsive and efficient service that delivers the best legal and commercial results.

 

Our expertise includes liaising with the Foreign Investment Review Board ("FIRB") and the Australian Taxation Office on foreign investment regulatory matters and State-based revenue authorities, and we have achieved a number of highly innovative outcomes for our clients.

Funds & Investment Structures

Formation and Restructuring of Funds (Real Estate & Private Equity), Unit Trusts & Discretionary Trusts

We provide legal and strategic advice on all aspects of funds and investment structures and assist our clients with different types of funds including listed, unlisted, wholesale, retail and co-investment vehicles.  We assist our clients to optimise legal and tax efficiencies when establishing new funds, restructuring existing fund platforms, diversifying asset bases and incorporating new investments.  We provide an integrated legal service for our clients by bringing together fund structuring, licensing and regulatory advice, listing, local operations advice and tax advice.

 

Our lawyers have advised Australian and international sponsors, operators, managers, trustees, investors and service providers.  We customise our service and approach to meet the commercial objectives, preferred approach and demands of our clients.

 

We advise on:

  • Fund formation – private and public

  • Trusts - Unit Trusts and Discretionary Trusts

  • Managed Investment Trusts

  • Licensing and regulatory advice

  • Fund raising including private equity

  • Listings

  • Local operations advice

  • Joint Ventures

  • Joint investments / co-investments

  • Tax structuring

  • Restructures

  • Fund M&A