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Alan S. Maclean

Partner
+61.3.9205.2025
Fax +61.3.9205.2055

Mr. Maclean has over 25 years experience as a banking and finance lawyer and acts for domestic and international banks and financial institutions across a broad range of finance transactions. He has deep experience in property finance, corporate finance and acquisition and leveraged finance and also has considerable experience in project and infrastructure finance, asset finance and insolvency, workouts and restructures.

He has provided extensive advice to finance and commercial clients on the Personal Property Securities legislation and has presented on this topic at many industry and professional forums.

Over many years he has provided financial services regulatory advice to international and domestic banks, credit card issuers and other credit providers.

Professional Background

Prior to joining the firm, Mr. Maclean was a banking partner at a global top tier law firm for 16 years and then assisted a national commercial law firm establish its banking and finance practice in Melbourne and nationally.

Achievements

  • Recognised in Doyle's Guide 2016 for Banking and Finance.
  • Recognised in Best Lawyers (2013, 2014, 2015, 2018) for Asset Finance Law, Banking and Finance Law, Derivatives, Equipment Finance Law, Financial Institutions, and Project Finance and Development Practice.

Professional/Civic Activities

  • Law Institute of Victoria
  • Law Council of Australia 
  • Banking and Financial Services Law Association 
  • Melbourne University Law School- Advisory Board for the Masters Banking and Finance Program 
  • Chair of the Committee of Management - Monash Gallery of Art
Mr. Maclean's experience extends to all facets of development and investment financing in the commercial property market acting for senior and mezzanine financiers and developers. He has been involved with the financing of industrial subdivisions, apartment towers, commercial office buildings, multi-use developments, listed and unlisted property funds, hotels and other serviced accommodation. The more notable matters include the following.

  • Acting for the senior financiers in relation to the AUD293 million facility for the development of the Eureka Tower at Southbank.
  • Acting for the financiers in relation to the senior AUD398 million construction and term debt facility for the Queen Victoria project, comprising retail, office and residential precincts. 
  • Acting for the senior financiers in relation to the financing of the successful bid by Babcock and Brown and Citta Property Group to redevelop the St Kilda Triangle site. 
  • Acting for a major bank in relation to the AUD150 million land acquisition and development facility for the development of the Eden and the Haven apartment towers in Abbotsford, Victoria. 
  • Acting for a major bank in relation to the AUD136 million facility for the development of the William project, comprising residential, serviced apartments and retail components.

Project and Infrastructure Finance

Mr. Maclean has acquired a broad range of project finance experience over the last 15 years across a range of sectors including transport, gas, power, water, health and resources. The more notable matters include the following.

  • Acting for Transurban in relation to the AUD1.78 billion project financing for the construction and operation of Melbourne City Link project and the subsequent AUD1.95 billion refinancing.
  • Acting for the lead arrangers in relation to the syndicated financing for the acquisition of the WestNet rail assets in Western Australia. 
  • Acting for the four major banks on the financing for the expansion of the Visy pulp and paper mill at Tumut in New South Wales. 
  • Acting for the financiers/underwriters in relation to a AUD203 million bridge cash advance facility and take out equity underwriting for the Trans Territory Gas Pipeline.

Corporate Finance

Mr. Maclean acts predominantly for lenders and arrangers in relation to transactions involving a variety of structures and terms, including secured and unsecured, syndicated, bank club and bilateral, security trust and security management arrangements, intercreditor arrangements, and more complex stamp duty and tax driven structures.  

  • Acting for the arranger and financiers for a AUD120 million syndicated property facility and a AUD415 million and NZD180 million syndicated facility for the PACT Group, a leading supplier of rigid plastic and industrial metal packaging.
  • Acting for the lead arrangers in relation to syndicated facilities of AUD1 billion and AUD435 million for Telstra, a telecommunications and media company.
  • Acting for the financiers in relation to various property, acquisition and corporate finance facilities for Visy's United States, Australian and New Zealand operations.

Acquisition and Leveraged Finance

Mr. Maclean has acted for financiers on various leveraged buyout and acquisition transactions which have involved different types and levels of debt, complex intercreditor issues and consideration of laws regulating takeovers, schemes of arrangement and restrictive trade practices.

  • Acting for the joint lead arrangers of the AUD2.49 billion acquisition facilities to finance a series of transactions involving the restructure of the Alinta group and the acquisition of the utility distribution assets of UED, Multinet and Alinta Networks (Euromoney deal of the year 2003).
  • Acting for the financiers in relation to various acquisition facilities for Visy's United States, Australian and New Zealand operations. 
  • Acting for the financiers in relation to various acquisition facilities for Tattersalls to acquire businesses in the United Kingdom and Australia.
  • Acting for the financiers in relation to various acquisition bridge facilities for AGL Energy, the largest Australian gas and electricity retailer, to takeover a listed public company.

Financial Services Regulatory

Mr. Maclean's experience includes advising foreign financial institutions on the regulatory issues associated with establishing a financial services business in Australia, advising on and developing products for consumer credit and business lending and advising on financial products regulation under chapter 7 of the Corporations Act. The more notable matters include the following.

  • Acting for a major bank in relation to the outsourcing of the administration and processing of its credit and deposit products and advising on the National Consumer Credit Protection and other regulatory issues associated with such outsourcing.
  • Acting for an ADI in relation to the acquisition of another financial services business in Australia, including advising on all regulatory issues and obtaining necessary approvals from the Treasurer, Australian Prudential Regulation Authority and the Reserve Bank of Australia (RBA).
  • Advising new entrants on Australian financial services regulations in conducting businesses on-shore and off-shore.
  • Assisting various non-bank financial institutions with all aspects of their credit code compliance projects, including drafting loan and security documentation for use in both regulated and unregulated transactions.
  • Acting as principal legal advisor to a major charge card issuer in relation to the development of all its charge card products, rewards programs, co-brand agreements, merchant acquiring terms and its other business arrangements.
  • Acting for the four major Australian banks on the development of a wholesale financial market portal including obtaining approvals from Australian Competition and Consumer Commission, RBA and Australian Securities and Investments Commission.