Mark Inston

Practice Areas

Mark is the lead partner of the firm's Banking and Finance practice. Mark has more than 25 years' experience acting for Australian and overseas financial institutions and borrowers in a broad range of finance transactions, including construction and investment property finance, all forms of corporate finance, including syndicated and bilateral loans, mezzanine and quasi equity finance, acquisition finance, asset and equipment finance, and derivatives.

Mark joined Hall & Wilcox in May 2008. Prior to joining, Mark worked in the banking and finance practice of Freehills (now Herbert Smith Freehills) for over six years and in the finance department of Freshfields Bruckhaus Deringer for over four years. Before studying law, Mark had a career in the British Diplomatic Service, serving in the UK, Nigeria and Belgium.

Mark studied law at the universities of Würzburg and Frankfurt in Germany, qualifying first as a German Rechtsanwalt, then as a solicitor of England and Wales. After further studies at the University of Melbourne, Mark was admitted as a solicitor in 2003 to the Supreme Court of Victoria.

Mark has been recognised in The Best Lawyers in Australia in Asset Finance Law every year since 2018 and as a recommended banking & finance lawyer in Victoria in Doyle's Guide to the Australian Legal Profession. Mark has also been a finalist for the Lawyers Weekly Partner of the Year in Banking and Finance for 2017 and winner in 2019 and 2021.

Work Highlights

Advised NewCold on its acquisition of the Karras Group.

Advised Aqualand Group, a leading Australian integrated property developer, in a $600 million funding package, believed to be one of the largest property development project finance arrangements ever provided by a non-bank financier in Australia.Advised Spirit Super, an Australian industry super fund, on its joint acquisition, with US infrastructure investor Stonepeak, of GeelongPort.

Advised Spirit Super on the divestment of its interest in two foreign currency denominated syndicated loans to separate European infrastructure entities, each of which represented an interest of approximately A$45-55 million.

Acting for a Singaporean based mezzanine financier in a AUD$210 million property development finance transaction in Sydney.

Acting for a mezzanine subscriber of notes in a warehouse trust established by RESIMAC to acquire AUD$300 million of mortgage loans currently funded by RHG.

Acting for an Australian real estate investment trust in relation to a AUD$150 million syndicated facility secured by a portfolio of real and other property throughout the east coast of Australia.

Advising a mezzanine development property financier in the staged funding of a residential development at Coopers Plain, Queensland with a completed value of AUD$600 million.

Acting for a property developer on a AUD$90 million facility with mezzanine debt provided under a s128F note structure from a Hong Kong financier.

Advising a US-based equipment financier on a complex cross-border receivables financing transaction.

Advising a property developer on the acquisition of debt from an Australian bank in respect of a hotel group under external administration.

Advising APN Funds Management on a restructure of debt and sell down of assets for its European funds, with a combined debt of more than €490 million.

Advising APN Funds Management on AUD$170 million senior and mezzanine syndicated loan facilities with National Australia Bank and Gresham Property Funds Management.

Advising a leading soft commodities handler on finance facilities totalling AUD$290 million.

Advising a leading soft commodities handler on a AUD$50 million operating lease financing for rolling stock with Commonwealth Bank of Australia.

Advising an Australian bank on its interest rate swap agreements under ISDA master agreements and schedules.

Advising various clients on the Personal Property Securities Act 2009 (Cth) in Australia, including Agrium Australia, Boom Logistics, Caterpillar Financial, FleetPartners, Landmark Operations, LeasePlan Australia, Loscam Australia and United Equipment.

Awards