Banking Expert Witness
FCA
International
Bruce Debenham is a Banking Expert Witness based in Adelaide Australia, working worldwide.
He has extensive experience in credit risk assessment and management with exposure to a variety of industries in agricultural, commercial and retail banking. He has a comprehensive knowledge and understanding of the Corporations Act and insolvency law, including compliance and regulatory requirements within the banking industry. With risk management experience in the financial services/credit industry for the past 30+ years.
Currently a Director at Perks (a large second tier accounting practice in Adelaide) leading the banking and finance team. Providing debt advisory and broking services for clients seeking residential, commercial and asset finance facilities from a variety of lenders.
Bruce has a broad technical and analytical experience particularly in the assessment and mitigation of risk with an in depth understanding of cash flow lending and profit and loss and balance sheet analysis. Able to think laterally and apply commercially based analytical skills in a highpressure environment and often within very short deadlines. Capable of bringing a balanced and independent approach to discussions with clients, their financiers and solicitors.
Whilst at NAB Bruce was Chair of the Lending Standards Review Panel which was responsible for reviewing and opining on bankers who had breached policy and process and/or engaged in misconduct.
First hand experience across a number of industries dealing with both customers and their relationship managers on deals ranging from A$50,000 to A$150m. With knowledge and understanding how customers and relationship managers within banks think and work.
Bruce has undertaken expert witness reports for over the past 8 years. He has been engaged as a banking and finance expert witness in respect of more than 20 other matters, relating the Banking Code of Practice (BCoP) and, in particular, determining what is a diligent and prudent banker and how a diligent and prudent banker should perform their role.
Expertise has been presented in the: Australian Federal Court; Supreme Courts in New South Wales, Victoria, Queensland, South Australia and the Northern Territory; Administrative Appeals Tribunal; High Court in Singapore; and Supreme Court in New Zealand.
Bruce is a member of the Financial Services and Credit Panel which makes administrative decisions on matters referred to it by the Australian Securities and Investments Commission that relate to the conduct of financial advisers. Bruce is also a member of the Australian Financial Complaints Authority Banking (AFCA) and Finance Panel which provides support for the Ombudsman on specific and more complex matters that AFCA opine on.
Listed below are the legal firms that Bruce has worked with and a brief description of the matter:
Legal firm
Brief description
Carter Newell Lawyers
Insurance claim - plant and equipment funding needed - diligent banker - could company have obtained funding following insurable event occurring
Clifford Chance
Initial review of documents - advice - Management Investment Scheme
Potential insolvent borrower - when/if to call an event of default - diligent and prudent banker - BCoP - covenant management - banker engagement with client
Drew & Napier
Assessment of damages - diligent and prudent banker - impaired assets - insolvency - banker conduct
Clyde & Co
Initial review of documents - advice - conduct of a mortgage broker
Levitt Robinson
Assessment and calculation of loss for parties to a class action
Levitt Robinson
Initial review of documents - advice - conduct of a mortgage broker
Johnson Winter & Slattery
Ponzi scheme - conduct of financier
Levitt Robinson
Lending to franchise - residential lending - credit assessment - diligent and prudent lending - BCoP - National Consumer Credit Protection Act 2009 (NCCP)
Fortis Law
Borrower provided with Indicative Term Sheet (ITS) by financier - vendor relied on ITS as part of condition of sale agreement.
Meredith Connell
Ponzi scheme - conduct of financier
Barry Nilsson Lawyers
Conduct of a mortgage broker
Shine Lawyers
Potential insolvent borrower - when/if to call an event of default - diligent and prudent banker - BCoP - covenant management - banker engagement with client
Fisher Jeffries
Residential lending - diligent and prudent banker - NCCP - banker conduct
Henry Davis York
Second tier lender - insolvent company - conduct of directors - management of loan portfolio - diligent and prudent banker - BCoP
Johnson Winter & Slattery
Ponzi scheme - conduct of financier
King & Wood Mallesons
Application of diligent and prudent lending concepts in design of credit policy and process
McCullough Robertson
Stock broking firm - client needed funds - would a bank have provided a facility - BCoP - diligent and prudent banking
Norton Rose Fulbright
Agriculture - BCoP - diligent and prudent lending
Norton Rose Fulbright
Property development - client needed funds - would a bank have provided a Facility - BCoP - diligent and prudent banking
Squire Patton Boggs
Development funding needed - diligent banker - could company have obtained funding at a particular point in time
HWL Ebsworth
Residential lending - diligent and prudent banker - NCCP - banker conduct
Westpac Banking Corporation v Jonathon Wilfred Haynes [2017] SASC 23, Bruce gave expert evidence regarding the practices, policies and procedures of a bank and, in particular, some interesting issues regarding the enforceability and interpretation of the BCoP. The judgment was published on 2 March 2017 (copy attached).
Fellow of Chartered Accountants Australian and New Zealand (Member since: 1998)
Australian Restructuring Insolvency and Turnaround Association (Member since: 1998)
Fellow of the Institute of Chartered Accountants in England and Wales (Member since: 1992)
Australian Institute of Company Directors (Member since: 2012)
Mortgage and Finance Association of Australia (Member since: 2015)
Commercial and Asset Finance Brokers Association of Australia (Member since: 2019)