Guarantor advice
Independent explanation of guarantees, indemnities, caps, continuing liability and release mechanisms.
Finance, Guarantees & SMSF
Advice on loan documents, personal guarantees, security and SMSF borrowing arrangements.
How we can help
Mortgages and security
Advice on real property mortgages, charges, caveats and enforcement provisions.
Commercial loans
Loan agreements, security packages, conditions precedent, defaults and variations.
SMSF borrowing
Limited recourse borrowing documents, holding trusts and coordination with lender and adviser requirements.
Borrower advice
Review of facility terms, undertakings, events of default and practical compliance obligations.
Solicitor certificates
Advice conferences and certificates where the solicitor can properly provide the required confirmation.
How we work
A guarantee, mortgage or indemnity can place personal and property assets at risk. Independent advice should explain the actual documents, the circumstances in which liability arises, and any practical point that should be raised before execution.
- 01
Review the complete document set
Advice is based on the facility, guarantee, security and relevant transaction documents together.
- 02
Explain practical scenarios
We identify when liability can arise, how broad it is and what assets or future obligations may be affected.
- 03
Record informed instructions
Execution follows a proper advice process, identity checks and confirmation that the client understands the risk.
Review the whole security package
A guarantee should be read with the loan facility and security documents. Check the liability cap, continuing obligations, variations, indemnity and release process rather than assuming the amount borrowed is the maximum personal exposure. Provide all lender documents before the advice appointment.
For SMSF property borrowing, check asset eligibility, the fund and holding-trust documents, the proposed lease and current transitional rules. New real-property LRBAs generally require business real property under the rules applying from 10 August 2026; the linked guide explains the change. Accountant, auditor and lender coordination does not replace the legal eligibility check.
Frequently asked questions
Is independent advice just witnessing a signature?
No. The advice process addresses the actual documents, risks and client understanding. A solicitor can only give a certificate they can properly support.
What documents should I send?
Send the complete loan, guarantee, mortgage and security package, lender instructions and any related transaction or trust documents.
Can an SMSF borrow to buy any property?
No. Asset eligibility, borrowing restrictions and transitional rules must be checked. The real-property LRBA rules changed from 10 August 2026.
Will selling the business release my guarantee?
Do not assume so. Check the release mechanism and obtain the lender’s required written release or agreed replacement security.
Have a legal matter to discuss?
Send a short summary of the issue, the outcome you want and any deadline. We will check whether we can act and confirm the next step.