Real Estate Finance

Financing is perhaps more important to the real estate industry than most. The link between the availability of finance and real estate asset values was all too clear during the worst of the global financial crises. Real estate continues to be an area with significant scope for growth in the Asia Pacific region with the industry facing the challenges of urban consolidation and competition for development sites, as well as the consolidation of industry participants. Recently, we have witnessed foreign interest in the Australian real estate market with many foreign players having an appetite for Australian assets. All of this suggests an ongoing demand for debt finance in the real estate sector and an active real estate finance market into the future.

Real estate finance is a strength of Minter Ellison. Our real estate finance group are market leaders on all aspects of real estate financing from structuring through to dispute resolution. We advise a broad range of market participants, acting for senior and mezzanine debt providers, borrowers, issuers, sponsors and REITs.

We regularly structure and execute complex construction and development finance transactions across the residential, retail, commercial, industrial, hotel and tourism and aged care sectors, often involving joint venture or co-ownership arrangements and public private partnerships. We have had leading roles in a number of landmark urban renewal projects.

We are also active in the financing of REITs (both listed and wholesale) and managed investment schemes and have acted for the financiers in many of the significant A-REIT debt transactions (and restructures) over the past few years.

Our debt capital markets team regularly acts for real estate industry participants in DCM raisings including commercial mortgage backed securities and bond issues.

4 November 2011

On 1 November 2011, changes to NSW real property laws on mortgagee obligations and witnessing requirements came into effect. The changes affect mortgagees taking real property mortgages and the obligations of witnesses to registered real property dealings.

8 September 2011

From 1 November 2011, lenders exercising powers of sale over real property in New South Wales will need to comply with new obligations contained in the Real Property and Conveyancing Legislation Amendment Act 2009 (NSW), which amends the Conveyancing Act 1919 (NSW).The obligations reflect those imposed by section 420A of the Corporations Act 2001 (Cth).