Farming, Agribusiness & Aquaculture

We work with a diverse range of producers, growers, suppliers, investors, owners and operators in the farming, agribusiness and aquaculture industries. Our cost effective and client focused approach means we offer commercially astute advice that consistently meets the complex requirements of our clients in these industries. 

Various members of our team have ties to Western Australia’s farming and fishing industries in the Kimberley, Mid-West, Wheatbelt, and Great Southern.  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. We also have a deep knowledge of rock lobster and abalone regulation in Tasmania.

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 Great Southern, and abalone operations in Albany and Tasmania.  

We have expertise in:

  • Land sales and acquisition
  • Land access and compensation
  • Commercial contracts and agreements
  • Planning and environment
  • Insurance and risk
  • Workplace and relations and occupational health and safety
  • Estate planning
  • Commercial fishing licenses- Western Australia and Tasmania
  • Conservation and Land Management Act
  • Contractual disputes
  • Construction advice
  • Business restructuring
  • International joint venture arrangements
  • Intellectual property and trademark matters
  • Insolvency advice

Our relevant experience includes:

  • Acting for a tourism provider in Shark Bay in defence of prosecution under the Conservation and Land Management Act in relation to conducting a commercial tour within an exclusion zone at Monkey Mia
  • Acted for a tourism provider in defence of Local Government prosecution relating to use of Monkey Mia jetty
  • Acted for a large WA based grains supplier – advising on contractual disputes in relation to grain source and supply contracts, and pricing on grain containerisation and transport
  • Acted for business owners in the restructure of grain storage and containerisation business. This included acting on disputes with appointed bank receivers and disputes with consultants engaged by the business to market it and seek investment funding
  • Acted for large global seafood wholesaler in a range of matters including:
    • Supreme Court action against former director
    • Quarantine dispute with Federal Government
  • Advising the sellers of the Harvey Fresh businesses to Parmalat
  • Advising privately owned Craig Mostyn Group on numerous matters including:
    • aspects of the acquisition of a large interest in V&V Walsh
    • construction contracts for multistage expansion of Western Australia’s largest pig abattoir at Linley Valley
    • construction contracts for expansion of commercial piggery in Mogumber
    • construction contracts for expansion of Western Australia’s largest meat and poultry waste rendering facility
    • acquisition of Jade Tiger, Australia’s largest abalone farm. Subsequently prepared construction contracts for the major expansion of the farm and buildings
    • acquisition of Australian Seafoods (abalone and rock lobster) in Dover, Tasmania. Subsequently prepared construction contracts for the expansion and upgrade of farm facilities
    • construction contracts for expansion of Dunalley abalone farm
    • acquisition of Fertal rendering business
    • divestment of Fataway business
  • Acting for Fogarty Wine Group, WA’s largest wine producer, on numerous acquisitions, including Evans & Tate brand purchase and transactions with McWilliams, purchase of winery assets and vineyard properties, financing transactions, etc
  • Advising Kailis Family interests on various agriculture related transactions
  • Advised in relation to sale of Clarevue Farms to Feng AO (Australia) Agricultural Group Pty Ltd
  • Prepared and presented an ACCC Compliance Policy and Training Program to senior managers for an Australian agribusiness with offices in several states
  • Advised founders in relation to formation and structuring of WA Beef Council
  • Advised in relation to restructuring of Borello Beef Group
  • 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
  • Advising clients on exiting a complex multi-party partnership arrangement involving the ownership of a large pastoral station on the Nullabor Plain
  • Advised in relation to Warrawagine Cattle Co partnership matters.
  • Advised Stone Axe Pastoral Company (wagyu beef) in relation to various commercial matters
  • Acted in the disposal of interests in Summit fertiliser businesses to Sumitomo

You can see full details of our commercial experience here and our litigation and dispute resolution experience here.

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