Phillip Heraghty

Profile

Phillip Heraghty is a Partner of HWL Ebsworth and leads a highly experienced, dedicated team specialising in all areas of banking and finance.  Phillip’s team prides itself on taking a lateral, commercial approach to all types of funding arrangements (including structured finance, secured and unsecured lending, syndicated loan transactions and project financing).

He promotes a flexible culture capable of adapting to the commercial and timeframe imperatives of individual clients and specific transactions.  This gives clients a tailored service that encompass’:

• preparation of facility agreements and securities in both basic, and complex transactions;
• strategic advice to lenders on all aspects of project finance, including the implications of construction and engineering procurement contracts and general project risk management with a focus on meeting commercial aims in respect of cost and timing;
• acting for lending syndicates, or separately senior and junior debt providers of financial accommodation;
• acting for financial institutions to provide financial accommodation secured by real and personal property (including intangible assets);
• strategic advice on corporate governance issues and financial services regulation;
• strategic advice on stamp duty implications for the restructuring of assets, refinancing and in particular large, multi-jurisdictional secured finance transactions;
• acting for lenders in their security enforcement across the spectrum of property and licensing areas;
• acting for property receivers and managers in respect of distressed sales;
• undertaking due diligence and credit risk management across all types of property;
• documentation of secured asset finance facilities for aircraft, equipment and ships;
• acting for senior debt providers and mezzanine lenders to major infrastructure projects and large scale residential, commercial office and retail projects;
• drafting precedent commercial lending documentation and systems for institutional lenders;
• strategic advice on all related project documents, such as joint venture or partnership agreements, management agreements, pre-sales contracts, development agreements, construction contracts and commercial leases and licences.

Phillip has major project finance expertise in petroleum field financing, commercial and shopping centres, industrial and residential estates, hotels and resorts, telecommunications infrastructure, aged care and retirement villages and joint venture funding.

His portfolio of achievements includes:

• acting for the largest receivership in Queensland’s corporate history;
• acting for a participant lender in a $300 million syndicated refinance for a listed property trust and subsequent acquisition finance for several large retail and commercial properties across Australia;
• acting for a mezzanine lender on a secured construction finance facility for the $400 million residential and hotel development at Surfers Paradise.