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Agribusiness & Food

Adapting to industry changes and supporting the growth of agribusiness operations

Finlaysons’ deep industry knowledge and depth of experience in areas such as Property, Corporate and Commercial law, Employment, Taxation, Finance, Family Business and Intellectual Property allows us to assist our clients across the agri-food supply chain and in all sub-sectors from the very beginning.

How we can help

We assist both exporters and importers to navigate the regulatory and legal challenges facing the sector and to provide guidance and develop solutions in relation to the complexities of interstate and international trade (including food trust and assurance), commercial domestic and foreign investment, capital raising, tax structuring, research, development, and deployment of new technologies, business structure and sale, intellectual property / branding protection and enforcement and data and cyber threats.

Agribusiness is not just about multinationals and a significant contribution is made by SME’s and family business. By harnessing the experience of our Family Business practice, we are able to offer the support necessary to understand the myriad of complex legal issues that regulate business in Australia and provide advice on intergenerational succession.

We are actively involved in industry and agri-political discussion and clients benefit from our close relationships with regulatory agencies, elected officials and key stakeholder groups in this sector.

Our Agribusiness practice is complemented by our preeminent Wine practice that provides specialist legal services to the wine industry.

Key services

  • Representing landowners in the leasing, acquisition and sale of cropping, farming and viticultural land, and advising on environmental issues
  • Tax structuring on acquisitions and reorganisations, including application of Capital Gains Tax Roll-overs and Small Business Reliefs
  • Acting in livestock sale and purchase contractual matters as well as disputes
  • Acting on behalf of pastoral lease holders in the grant of mining and associated rights over pastoral lands and the determination of compensation
  • Fire damage compensation claims and insurance advice
  • International market expansion, trade rules, export controls, customs and sanction
  • Business distress and insolvency
  • Production joint ventures and share-farming agreements;
  • Negotiating and drafting of commercial contracts, supplier arrangements and off-take agreements
  • Corporate structuring of industry bodies
  • Employment contracts and advising on management re-structure and redundancies in the agribusiness sector.
  • Family Farm Exemption Transfers under the Duties Act
  • Restructuring to facilitate succession planning
  • Farm Leases, Share Farming Agreements and Livestock Management Agreements
  • Pastoral leases and dealings with the Pastoral Lands Board
  • Compulsory acquisitions and land valuation matters
  • Trust deeds for holding and trading entities
  • Mortgages, crop liens and other securities against rural and agribusiness assets
  • Water rights, access and licences under the Waterways Conservation Act
  • Carbon trading agreements

Experience

    • Advising a family farming business on restricting for succession to the next generation, including transfer of land to next generation stamp duty free
    • Structuring the separation of a family farm business with land and operations in two different states, between two sides of the family living in different states, with minimal capital gains tax and stamp duty implications
    • Advising a vertically integrated farming business with agriculture, manufacturing and distribution arms how those arms and assets of each arm could be split between family members. Specific consideration was given to dealing with unpaid trust entitlements so that certain family members did not take over entities with inherent tax issues
    • Advising a family farming business how they could transfer certain assets to newly established entities for asset protection and succession purposes, with no capital gains tax consequences pursuant to the small business CGT reliefs
    • Acting for a family farming business with the sale of significant agricultural land, farming and manufacturing facilities to an overseas investor, including the provision of complicated tax structuring advice to ensure the sale was implemented in a tax efficient manner
    • Advising a foreign owned agricultural business operating across Australia and internationally, specialising in grain storage, handling and export, in relation to changes to Australia’s foreign investment regime and the impacts on its business and operations
    • Advising a South Australian winery on the tax aspects of introducing an international investor
    • Advising an Australian environmental management company on the tax aspects on introducing an international investor
    • Advising an ASX listed agribusiness company in relation to changes to Australia’s foreign investment regime and drafting various submissions to the Foreign Investment Review Board in relation thereto. These submissions were integral to subsequent changes being made to the legislation and regulations underpinning Australia’s foreign investment regime
    • Advising an ASX listed winery group in relation to the recent acquisition of a number of substantial assets throughout Australia as well as a range of high value, long-term procurement contracts of critical importance to the group’s operations
    • Advising a large multi-national corporation with respect to stamp duty issues on the acquisition of a major asset and obtaining a very favourable stamp duty assessment for the client

Our Agribusiness & Food Experts

Practice Head
Gavin Cragg
Gavin Cragg

Partner

Practice Head
mathew brittingham tax lawyer
Mathew Brittingham

Partner

Andrew Kedzior
Andrew Kedzior

Partner

Lan Lam IP lawyer
Lan Lam

Partner

will taylor wine lawyer
Will Taylor

Partner

david martin
David Martin

Consultant

Nikki Owen lawyer
Nikki Owen

Special Counsel

Austin Wakeham property and construction lawyer
Austin Wakeham

Special Counsel