Sharp, practical legal advice and documentation to protect your financial interests.
Our finance lawyers at Hendersons Legal have worked in finance and securities law for many years. Based in Melbourne’s CBD, we prepare legal documentation and advise business and private clients on their financial dealings, from mortgage recovery to business sale contracts. We also practice business and commercial law on related matters.
Financial Document Reviews
Over the years, our finance and securities lawyers have reviewed and vetted many types of financial documents. We create, review and update contracts and documents for business and personal clients, including documents from banks and other finance institutions. Working alongside you makes sure your finance arrangements suit you both legally and commercially. We make sure that you understand the liabilities you are taking on. We have the experience to raise questions and seek clarification of any unusual terms from your lender, making sure you’re fully informed before making a critical financial commitment.
Solicitor’s Certificate Providers in Melbourne
Our finance and securities lawyers can provide a Solicitor’s Certificate where your financier requires one. Enough time must be allowed for a full and proper explanation of the documents before the certificate is signed.
This matters more than ever for guarantors. Since the 2025 Banking Code of Practice took effect on 28 February 2025, many lenders will not accept a guarantee unless the guarantor confirms they have received independent legal advice about it, private lenders often ask for the same. We give that advice and provide the certificate.
Recovery for Private Lenders on Their Securities
We have considerable experience acting for private lenders seeking recovery of outstanding debts, whether secured by first or subsequent mortgages, priority agreements, caveats, or other securities.
We always take a commercial and practical approach, weighing the size of the debt, the strength of your claim and the likelihood of recovery. We know property law and the principles relating to mortgages and securities well, which lets us take an informed, assertive approach to recover what you are owed. Where recovery requires proceedings, our court representation and litigation lawyers can act for you. When a debtor is insolvent we have extensive experience with debt collection and insolvency.
Our Finance and Securities Services
We provide a range of services to commercial and private clients, including:
- Recovery of debts and interest due under a mortgage
- Advice for private lenders and investors, including document review and recovery proceedings
- Advice and documentation for property developers
- Lending and security documentation
- Review of contracts and finance arrangements
Who We Act For
We act for private lenders and investors, borrowers, property developers and businesses, as well as for individuals managing their property and investment affairs. Whether you are lending money, taking on finance or seeking to recover a secured debt, we make sure your arrangements are sound both legally and commercially.
Loan and Security Documentation
We prepare and review the full range of loan and security documentation, including loan agreements, mortgages, guarantees, priority and subordination agreements and caveats. We explain the obligations and risks each document carries, raise and clarify any unusual terms with your lender, and make sure you understand exactly what you are committing to before you sign.
Frequently Asked Questions
What is a solicitor’s certificate and when do I need one?
A solicitor’s certificate is independent legal confirmation that a borrower or guarantor has received advice about a loan or security before signing. Many lenders require one, particularly for guarantors. We provide these after a full and proper explanation of the documents.
Does a guarantor need independent legal advice?
Often, yes. Under the 2025 Banking Code of Practice, a bank generally has to meet with a prospective guarantor to explain the risks, unless the guarantor confirms they have had independent legal advice about the guarantee. Private lenders commonly ask for the same. We give that advice and provide the solicitor’s certificate.
Can a private lender recover a debt secured by a mortgage or caveat?
Yes. We act for private lenders to recover outstanding debts secured by first or subsequent mortgages, caveats, priority agreements and other securities, taking a commercial view of the size of the debt, the strength of the claim and the likelihood of recovery.
Should I get legal advice before signing a loan or guarantee?
Yes. Loan and guarantee documents can carry significant and long-lasting liabilities. Independent legal advice makes sure you understand the commitment and any unusual terms before you are bound.
Why Choose Hendersons Legal
Melbourne CBD Location
Our office is steps from all major Victorian courts and tribunals, and we can arrange Zoom meetings or telephone conferences where convenient.
Transparent Pricing
We provide a cost estimate before we commence work, confirmed in a Disclosure Statement and Costs Agreement setting out our terms and conditions.
A Practical, Commercial Approach
We focus on efficient, commercially sensible outcomes. If your matter also involves property, ask us about our conveyancing services.
How It Works
To get started, contact us by phone or complete our online enquiry form with the details of your matter. We will confirm the scope of work, provide a fee estimate and keep you informed at every stage.
Speak to a Finance Lawyer Today
If you need a finance and securities lawyer in Melbourne, contact us to find out how we can help. Call (03) 9629 2211 or complete our online enquiry form.
