Practice Areas

  • Commercial Litigation

    Our solicitors have decades worth of experience in running commercial disputes and litigation of almost any nature, particularly in the superior courts of New South Wales and the Federal Court of Australia.

    We understand that litigation can be a trying experience for our clients and we aim to solve your disputes and run your litigation in the most proactive, commercially sensitive and cost effective way possible. Where possible, we try to reach a commercially satisfactory resolution of the dispute before going to trial.

    We have longstanding working relationships with some of the most skilled and well respected counsel and senior counsel in New South Wales so that our clients are always the best represented they can be at trial.

    Click here to read about our billing practices.

    Click here to read about our unique technological efficiency in running litigation.

    Click here to read about what our clients have to say about our litigation outcomes.

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  • Broker Law

    We act for brokers on a variety of matters.

    We have found the number of brokers wishing to establish themselves on their own, and obtaining their own accreditations is increasing. We advise them on the best way to leave their sub-aggregator / franchise so they can become a direct member of an aggregator. We then advise on the various aggregation agreements and the importance of ensuring that trail will continue after termination.

    For a bigger broker company we advise on and draft sub-brokerage agreements so that they can expand and have their own subcontractors.

    We also advise brokers working in the commercial / private lending sphere on their brokerage agreements / mandates and ensuring payment of fees.

    We also work extensively in mortgage related litigation and have acted for brokers in defending claims by banks or in relation to commission disputes.

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  • Aggregation Law

    We have advised some of the major aggregators in relation to their agreements with lenders on their lender panel, assisting to ensure minimisation of risk.

    We have also drafted aggregation agreements for major and minor aggregators, as well as sub-aggregation agreements for those brokers groups who want to take the step into aggregation.

    We draft the agreements to make them as fair and marketable as possible, whilst ensuring your interests are protected and risks are minimised.

    We understand the industry very well and can quickly develop aggregation agreements suitable to the specific needs of the aggregator or sub-aggregator.

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  • Parent Child Mortgages

    With property prices so high it is difficult for first-time home buyers to enter the property market. Parents are often called on to help out with the deposit. 

    If the first home buyers are a young couple Mum and Dad are naturally concerned with the possiblity that if the relationship fails the equity in the property, including that represented by the parents' contribution will go partly or wholly to their child's former partner.

    To avoid this problem Bransgroves Lawyers recommend the contribution be loaned by the parents to the young couple and the loan be protected by a mortgage. The advantage of this arrangement is that if the property has to be sold and the proceeds split the parents will get their contribution back before their child's former partner gets anything. 

    Contact Bransgroves today to discuss.

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  • AML/CTF Reviews

    The Australian government has made it mandatory for all reporting entities to have an AML/CTF program that deters money laundering and terrorism financing. It must be written and comply with the latest requirements under:

    1. Domestic standards set out under Part 7 of the AML/CTF Act (2006);
    2. International standards and recommendations set out by the Financial Action Task Force.

    Section 5 of the Act defines a reporting entity as:

    “A financial institution, or other person, who provides designated services”.

    A designated service includes financial services provided by an ADI, a bank, a building society, a credit union, lenders and an assignee of a lender, a financial lease, a trustee, or a person specified in the AML/CTF Rules.

    The Program involves a two step component. The first (known as Part A) is the obligation on a reporting entity to have procedures that identify and prevent the risk of money laundering and terrorism financing. This must be monitored and regularly reviewed and updated. The second (known as Part B) is the obligation to have customer due diligence, specifically to verify the identity and information provided by a customer.

    There are three types of Programs for reporting entities to choose from. These are the standard, joint and special Program. Each Program is suitable for a different type of reporting entity (depending on its nature, size, complexity, and risk of ML/TF) and has different review requirements. This means that not every Program will need to satisfy both the Part A and Part B components mentioned above.

    Bransgroves Lawyers specialise in setting up and conducting formal reviews of AML/CTF programs. The pricing of our annual reviews is extremely competitive and begins at $1,200 plus GST.

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  • Asset Protection Mortgages

    Asset protection mortgages, in conjunction with discretionary family trusts, legitimately absorb all available equity in the family home, or other protected real estate, leaving nothing available for creditors.

    In order to be effective (to take the accumulated equity out of the reach of creditors) the model, the deeds utilised, and the customisation to the circumstances of the protected parties, must be set up by a highly knowledgeable mortgage and trust (Equity) lawyer.

    Our asset protection model utilises proprietary intellectual property developed by our senior partner, Matthew Bransgrove, over many years and constantly refined in light of recent case law and statutory changes.

    Mr Bransgrove is acknowledged as the leading expert in mortgage law in Australia, having published multiple textbooks and academic papers on the subject. His system, together with our acute analysis of your circumstances, allows us to tailor a package which is optimised for both effectiveness and accounting simplicity.

    The advantages of the Bransgroves asset protection mortgage model, over a standard discretionary family trust, are:

    1. the family home continues to benefit from land tax and capital gains tax exemptions.
    2. there is no transfer involved and thus no stamp duty payable.
    3. the discretionary trust is revenue neutral meaning there is no ongoing need to lodge separate tax returns.
    4. the family home can be sold and another one bought without incurring stamp duty or losing the benefit of the accumulated protection.
    5. We recommend the Bransgroves asset protection mortgage to professionals and self-employed persons to ensure that the house they plan to painstakingly pay off, and the equity they have already accumulated, is not lost as a result of mischance or business failure.

    To find out more contact us today.

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  • Priority disputes

    Mortgage priorities can be treacherous. Bransgroves not only have the skills to protect lenders at the documentation stage but can also help structure workable arrangements once disputes have arisen.

    Most priority disputes occur when lenders stumble blindly into a situation without recognising that there are priority implications. Our consultancy work can help lenders develop procedures to recognise priority traps and pitfalls.

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  • Mortgage enforcement

    Lenders using our services for the first time will find that no fact situation or legal dilemma gives us pause because we have seen it all before and are geared to act quickly and cost effectively. The sheer volume of mortgage enforcement work means that even our junior solicitors have more experience in this field than partners at other firms.

    The advantages of this specialisation are not limited to expertise. Typically, we have multiple matters in the possession list; this means that there are significant cost savings as attendance costs can be spread over multiple matters.

    Our clients also find that interlocutory applications, such as applications for summary judgment, are for the most part dealt with in-house, reducing the need to retain barristers.

    The familiarity our solicitors have with the quirks and peculiarities of the individual registrars and associate judges ensure that all the documents they require are available and, so applications do not have to be adjourned.

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  • Mortgage documents

    Matthew Bransgrove used his vast experience in mortgage law to write chapters in his mortgage law textbooks on mortgage drafting. This involved reviewing the security documents of all the major lenders in Australia and considering the last 10 years of case law on questions involving mortgage drafting.

    In 2001 Matthew drafted his first comprehensive mortgage memorandum and complimentary suite of ancilliary documents. These documents have been punctiliously revised over the subsequent years. Whenever there are cases which significantly impact on the rights of lenders, these state of the art security documents are updated and constantly refined. We use these documents for mortgage advances carried out by this firm. We also license our security documents, at reasonably rates, to lenders to be used by other solicitors or in-house. These documents are based on battle-hardened (court tested) and refined over many years.

    We act as consultants in designing in-house procedures, including precedents and underwriting checklists, for lenders who issue their own mortgage documents.

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  • Valuer liability

    We have been suing negligent valuers for 10 years. During that time we have developed unrivalled expertise in analysing valuations and correctly assessing the prospects and quantum of success. Matthew Bransgrove has presented a paper on valuer liability for the NSW College of Law.

    Since the GFC we have acted on over 20 valuer negligence matters and none have gone to trial–all have settled favourably for the lender. This is testament to our thorough and skilled case preparation. As a rule, valuer’s insurers will never settle unless they are convinced that they will lose if the matter goes to trial and that the lender is determined and ready to go to trial. Thus everything depends on putting together a credible case and proceeding towards trial with the intention of litigating.

    Our initial approach is to assist you in quantifying your damages and assessing the strength of your case. This initially involves examining the legal issues and if they are in order, commissioning an expert retrospective valuation. Once we are convinced you are going to win and the damages recoverable are worthwhile, we file proceedings. Typically we file in the Federal Court and typically we have settled the matter within 6 months of filing.

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