Private Lender & Non-Bank Finance Lawyers
End-to-end transaction & enforcement support from our experienced lending lawyers.
- Fast turnarounds on non-bank funding agreements to keep deals moving
- Enforceable mortgage & security instruments that proactively mitigate borrower default risks
- Clear commercial terms tailored for multi-party & mezzanine facilities
- Robust financial covenants designed to protect your interests
Our Services
GRM LAW provides end-to-end legal support tailored specifically for the needs of private lenders operating in the dynamic Australian market. Our expertise covers:
01. Loan Structuring & Documentation
We assist in structuring and documenting a wide range of private credit facilities, ensuring clarity, enforceability, and alignment with your commercial objectives. Our experience includes:
- Bilateral & syndicated loan agreements
- Mezzanine finance & preferred equity arrangements
- Construction & property development finance
- Drafting robust & tailored loan agreements, security documents (including mortgages, General Security Agreements (GSAs), Specific Security Deeds), guarantees, and associated documentation.
- Advising on appropriate covenants & conditions precedent/subsequent.
02. Security Perfection & PPSA Advice
Protecting your position requires meticulous attention to security. We provide expert advice on:
- Real property security across all Australian states & territories, including registration and priority issues.
- Personal Property Securities Act (PPSA) matters, including correct registration of security interests (including ALLPAPs & PMSIs), navigating complex collateral classes, advising on priority rules, & managing disputes.
- Reviewing existing security structures for adequacy & potential risks.
03. Regulatory Compliance
Navigating the regulatory landscape is crucial. We guide lenders through:
- Assessment of National Consumer Credit Protection Act (NCCP Act) applicability, particularly for loans involving individuals or residential property security, even if for business purposes.
- Advising on Australian Credit Licence (ACL) requirements & responsible lending obligations under ASIC’s RG 209 where applicable.
- Compliance with Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) laws, including client identification & verification.
- Avoiding pitfalls under the Australian Consumer Law, such as misleading or deceptive conduct & unconscionable conduct.
04. Lender Due Diligence
We conduct comprehensive due diligence to inform your lending decisions:
- Reviewing borrower & guarantor capacity & structure.
- Investigating title & encumbrances for security assets.
- Analysing transaction structures for potential legal risks.
05. Loan Management
We provide ongoing support throughout the life of the loan:
- Drafting & negotiating variations, waivers, consents, and extensions.
- Advising on facility management issues & potential defaults.
06. Enforcement & Recovery
When defaults occur, our enforcement & recovery practice provides strategic advice & decisive action:
- Issuing effective letters of demand.
- Negotiating standstill agreements & workout arrangements.
- Appointing receivers, controllers, or agents for mortgagee sale.
- Executing mortgagee sales & other security enforcement actions.
- Enforcing security interests under the PPSA.
- Conducting related litigation to recover debts & enforce rights.
Clients We Advise
GRM LAW’s private lending lawyers understand how private credit capital is raised, structured and recovered – and act as long‑term counsel to the full spectrum of private lenders, including:
Private & Non-Bank Lenders
Institutions writing fast-paced commercial loans against property & business assets across Australia.
Credit & Mortgage Funds
Pooled & contributory schemes deploying multi-party capital into secured commercial mortgage transactions.
High-Net-Worth Lenders
Individuals advancing significant personal capital to commercial borrowers for bespoke property developments.
Family Offices
Private wealth groups deploying capital through complex financial structures & secured property advances.
Sophisticated Investors
Experienced individuals providing secured private lending for high-value projects & complex property transactions.
Private Credit Funds
Alternative asset managers structuring bespoke debt facilities for corporate entities & large-scale developments.
Syndicate Lenders
Multiple financiers sharing security over a single asset through complex intercreditor arrangements.
Mezzanine & Preferred Equity Financiers
Subordinated capital providers funding construction projects behind a primary senior bank facility.
Contact Us Today
Our private lending lawyers will contact you to discuss your situation & outline next steps.
What Our Clients Say
Who We Are
GRM LAW was founded by Gavin McInnes as a small team of lawyers focused on providing excellent legal advice on high-profile, complex matters.
For nearly 20 years, our team has been instrumental in bringing together key players in the banking & lending, dental, veterinary, optometry, childcare, pharmacy, physio and allied health sectors.
GRM LAW has broad experience in banking & finance, property, SME businesses, energy & resources, finance, technology, hospitality, retail and infrastructure sectors. Our clients include private and listed companies, high net worth individuals and their families, leading private equity funds and numerous national brands.
How Our Process Works
01.
Initial Brief & Term Sheet Review
We review your term sheet, security position and timelines so we understand the deal and any hard deadlines.
02.
Structuring & Checks
We confirm the facility structure, run borrower / security checks and flag any regulatory issues before documents go out.
03.
Drafting & Perfection
We draft and negotiate the loan and security documents, and complete PPSR and real property registrations to perfect your position.
04.
Settlement & Management
We coordinate settlement, confirm conditions precedent are met, and assist with variations, waivers and extensions as needed.
05.
Enforcement (If Needed)
If a borrower defaults, we move quickly on enforcement options including demands, workouts, mortgagee sales and receivership.
Contact Us Today
Our private lending lawyers will contact you to discuss your situation & outline next steps.
Why Choose GRM LAW
01. Deep Market Insight
We don’t just understand the law; we understand the Australian private credit market. We stay abreast of market trends, emerging risks, and regulatory shifts, allowing us to provide proactive & relevant advice that goes beyond standard legal documentation.
02. Specialised Lending Expertise
Our team possesses focused experience in the types of transactions common in private lending, including complex security arrangements (PPSA and real property), mezzanine finance, development funding, and syndicated deals. We handle non-standard situations with confidence & skill.
03. Proactive Risk Mitigation
Our primary focus is protecting your interests. We meticulously identify potential legal & commercial risks in every transaction, from borrower due diligence to security perfection & compliance checks. We structure deals & draft documents designed to minimise your exposure & maximise enforceability.
04. Efficiency & Responsiveness
We recognise that time is often critical in lending transactions. Our processes are streamlined for efficiency, enabling rapid turnarounds on document production & advice without compromising on quality or diligence. We pride ourselves on being responsive & accessible to our clients.
05. Commercial Acumen
We provide more than just technical legal advice; we offer practical, commercially focused solutions. We understand your business objectives & work collaboratively to achieve them within a sound legal framework. Our goal is to facilitate successful deals while ensuring robust legal protection.
Meet Gavin McInnes
Gavin is an award-winning corporate, commercial, banking & finance and property lawyer. For nearly 20 years, Gavin has been advising key players in the banking, energy & resources, technology, allied health, veterinary, childcare, hospitality & property sectors.
Gavin is an Accredited Specialist in Business Law & is consistently featured in Lawyers Weekly & Doyle’s Best Lawyers Awards. He has been recognised as a leading private equity, funds management & corporate lawyer by the highly celebrated Global Fund Awards where he has taken out the top award in the Best in Corporate Law category.
Recognition & Awards
Private Lending & Non-Banking Legal Essentials
PPSA Priority Rules
The Personal Property Securities Register dictates who gets paid first when a borrower defaults. Precise registration of your security interests is critical to lock in your priority over unsecured creditors.
A single mistake in collateral classes or timing can completely invalidate your secured position. Our private lending lawyers ensure your ALLPAPs & PMSIs are perfectly registered to protect your investment.
NCCP Applicability Risks
The National Consumer Credit Protection Act heavily regulates loans provided to individuals or secured by residential property. Business loans can inadvertently trigger these strict consumer credit regulations depending on the borrower structure.
Failing to hold an Australian Credit Licence when required exposes non-bank lenders to severe regulatory penalties. Expert legal advice helps you navigate these compliance risks & structure your loan documentation safely.
Multi-Lender Stacks
Multiple financiers often hold security over the exact same asset in complex commercial transactions. Intercreditor deeds are required to clearly define which lender has the first right to recovery.
Without a watertight priority arrangement, you risk facing costly dispute resolution during a default scenario. Our legal team drafts robust priority agreements to ensure your financial transactions remain secure.
Enforceability Of Covenants
Loan covenants dictate the strict financial & operational conditions a borrower must maintain. These clauses act as early warning triggers that allow a lender to take strategic action before a total collapse.
Poorly drafted conditions often fail to hold up in court during a hostile recovery or litigation matter. We tailor your loan agreements to ensure every covenant is legally enforceable & commercially practical.
Contact Us Today
Our private lending lawyers will contact you to discuss your situation & outline next steps.
Legal & Compliance Insights
Frequently Asked Questions
How Quickly Can You Turn Around Loan Documents?
We can turn around standard commercial loan documentation in as little as two hours to keep your deals moving. For more complex syndicated or construction facilities, our dedicated legal team works rapidly to meet your specific commercial deadlines. Contact our lending lawyers to discuss your immediate transaction timelines.
What Happens If A Borrower Defaults On A Commercial Loan?
We immediately execute targeted enforcement action to protect your capital, starting with formal letters of demand. If the borrower fails to rectify the default, we can initiate mortgagee sales, appoint receivers or pursue litigation to recover your secured assets. Speak to our experts for strategic guidance on your specific recovery matter.
Do We Need An Australian Credit Licence For Business Lending?
It depends on your specific lending activities & whether the National Consumer Credit Protection Act (NCCP) applies to your transactions. Even if you provide business finance, lending to individuals or taking residential property as security can sometimes trigger consumer credit regulations. We can review your operations to ensure full regulatory compliance.
How Do You Ensure Our PPSA Registrations Are Perfected?
We meticulously register your security interests, including ALLPAPs & PMSIs, on the Personal Property Securities Register with the correct collateral classes. This precise approach locks in your priority position over borrower assets & prevents costly mistakes that could render your security unenforceable.
Can You Handle Complex Syndicated Lending Arrangements?
Yes, we regularly structure & document multi-party loan agreements for credit funds, family offices & sophisticated investors. Our expertise includes drafting syndicate agreements, managing shared security & negotiating intercreditor deeds to ensure all parties are legally protected.
What Is Involved In Lender Due Diligence?
We conduct rigorous pre-approval checks on borrower capacity, corporate structures & title encumbrances before you advance any funds. This proactive risk management identifies critical red flags early so you can make secure lending decisions.
How Do You Manage Priority Disputes Between Multiple Lenders?
We manage priority disputes by negotiating & drafting clear intercreditor deeds that define exactly who holds the first right to recovery. If a conflict arises during enforcement, our dispute resolution lawyers use their deep understanding of PPSA & mortgage priority rules to protect your financial position.
What Are The Risks Of Using Standard Bank Loan Templates?
Generic templates often fail to properly secure the unique risk profiles & bespoke terms of private lending transactions. We tailor your loan documentation to your specific needs, ensuring your covenants are legally binding & fully enforceable during a recovery scenario.
Books By Gavin McInnes
Practical guides on structuring, asset protection and private credit in Australia.
Protect Your Assets
A plain‑English guide to protecting your home, business interests and investments under Australian law. Written for business owners, professionals and families who want to keep what they’ve built safe from avoidable risk.
Private Credit In Australia (Coming Soon)
A forthcoming guide to structuring, documenting and managing private credit transactions in the Australian market, written for lenders, sponsors and their advisers.
Explore Our Other Practice Areas
Deep expertise across corporate, banking & finance, property and related commercial work.
Private Lenders & Non‑Bank Finance
Strategic loan, security & enforcement advice for private credit funds, family offices & non‑bank lenders across Australia.
Property Developers & Projects
End‑to‑end legal support for property developers from site acquisition & approvals through to construction, sales, leasing & disputes.
Business Acquisitions & Disposals
Buy‑side & sell‑side advice on business and share sales, from initial structuring and due diligence through to completion.
Corporate & Commercial Advisory
Ongoing corporate, governance & commercial contracts advice for private companies, family businesses & investors.
Structuring & Asset Protection
Structuring businesses, investments & personal wealth to manage risk, protect assets and support long‑term succession.
Franchising
Establishing, growing & restructuring franchise networks, including franchise agreements, disclosure, compliance & exits.
IP & Technology
Protecting and commercialising intellectual property, software & technology through tailored licensing, development & sale agreements.
Real Estate Funds & Capital Raising
Advising real estate fund managers, sponsors & investors on fund structures, capital raisings & transaction execution across Australia.
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