Agribusiness, Aquaculture & Farming Litigation

Various members of our team have ties to Western Australia’s farming and fishing industries in the Kimberley, Mid-West, Wheatbelt, and Great Southern.  We act for broad-acre farmers, industrial livestock producers, abattoirs, rendering and seafood businesses (commercial fishing, abalone and rock lobster), vignerons, and investors in agricultural managed investment schemes in Western Australia and interstate.

Our staffed Geraldton office, and a regular circuit presence in Carnarvon, services the Mid-West farming and horticulture, commercial fishing and rock lobster communities as well as tourism operators in the region. 

Our Perth office has assisted with legal disputes and provided litigation advice to pastoralists in the Pilbara, tourism and aquaculture operators in Broome, broad-acre farmers and livestock producers and abattoirs throughout the Wheatbelt (Bindoon, Brookton, York, Katanning, Pingelly, Southern Cross, Ravensthorpe, and Esperance), winery operators in the South-West, and abalone operations in Albany.  

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Our notable and relevant experience includes:

  • Acted in Supreme Court proceedings for a son in a dispute over the family farm and claims of beneficial ownership
  • Acted in Supreme Court proceedings defending claims by a financier that farming had not been conducted in a proper and skilful manner, and resisting the appointment of a receiver to the farm
  • Advised investors in defence of claims by a financier relating to funding provided for investments in a eucalypt timber plantation managed investment scheme
  • Acted for viticulturists in various disputes concerning construction of cellar door facilities, vineyard smoke contamination, and spoiling of warehoused stock
  • Acted in a Supreme Court dispute relating to the proper construction of a pig supply agreement
  • Advised on contractual disputes relating to grain source and supply contracts, and pricing on grain containerisation and transport
  • Advised investors in a dispute over an unregistered managed investment scheme for sandalwood timber plantations and advice in relation to the insolvency of the plantation manager and plantation lessor
  • Acted in various disputes between co-owners of farmland in York
  • Acted for the manager and responsible entity of a vineyard managed investment scheme in contested Supreme Court proceedings for rent and management fees
  • Acted for various farmers and pastoralists in relation to loan facility disputes with their banks and renegotiating their facilities, including debt forgiveness
  • Acted for a large wheatbelt farmer in a multimillion dollar dispute concerning farm management agreements and grain sale and delivery contracts
  • Acted for plaintiffs or defendants in various court actions concerning lease and sale of shark fishing licences, and the lease and sale of fishing vessels and associated plant and equipment
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