Types of engagements

I have acted as an expert witness in relation to a range of banking and finance issues, providing opinions on:

• The amount of finance likely to be available to settle contracts to purchase real estate.
• Whether lenders have met their obligations under the Banking Code of Practice.
• The amount of finance likely to be available to a party to construct a large processing facility, and the terms on which it would have been available.
• The alternatives available to a listed company in undertaking a balance sheet restructuring.
• The amount of finance likely to be available to a party to fund the acquisition of contract mining equipment.
• Lender dealings with loan drawdown notices.
• Whether Bank and non-Bank lenders complied with good lending practices.
• Whether a lender could sell a portfolio of distressed loans.

I have worked as an expert with leading law practices including AGS, Ashurst, ASIC, Davinder Singh Chambers, Barry Nilsson, Chalk & Behrendt, Bridges Lawyers, Clayton Utz, Gadens, Gilbert & Tobin, Hall & Wilcox, HWL Ebsworth, Hicksons, James Conomos Lawyers, King & Wood Mallesons, Maddocks, McInnes Wilson Lawyers, Mills Oakley, Minter Ellison, Moray Agnew, Norton Rose, Speed & Stracey, and Wotton Kearney.

Saying No to work is important to me

I will tell you if I can’t meet your deadline (I haven’t missed one yet).

Lenders don’t always describe roles and specialisations in the way that outsiders would expect, so my strong recommendation is that your search for the “right expert” is framed around the questions under consideration rather than an assumed (however logical!) role title or “type” of lending.  I will tell you if I don’t think I have the right experience for your assignment, and I will tell you if I know of someone who’s work history makes them a better fit (about 30% of cases so far) and give you their contact details if I have them.

Fees

I normally charge on an hourly rate basis.  I will not act on a success fee basis because to do so is fundamentally inconsistent with the obligation to provide impartial evidence.

The types of questions I am asked vary, and they are fact-specific, so my fee will depend on the specific questions that I am asked to consider, and the nature and extent of the evidence relevant to those questions.

By arrangement I will work on a fixed fee basis (i.e. set a “fee cap”) to prepare a report.  To set a fee cap I will need the questions in final form, and access to the evidence, so that I can estimate the time required.

Pro Bono work

I have worked on pro bono matters, and am happy to consider doing so with others working on the same basis.  This will always be subject to a case by case consideration of my capacity and existing commitments at the time, but I am currently open to taking on a new pro bono matter.