OverviewHall & Wilcox has provided advice for over two decades to clients involved in agriculture and horticulture production and related supply chain. Our clients include agribusiness financiers, food industry bodies, government authorities, managed investment schemes, commodity marketers, forestry operators and significant private horticultural and pastoral companies.
The advice we have provided these clients includes the following:
- commercial contracts and PPSA implications for the purchase, marketing and sale of wheat, barley and other commodities, including pooling of commodities;
- funding arrangements for commodities marketers, including inventory finance and other facilities;
- lending to farm businesses, including securing loans with stock mortgages, crop liens, real property mortgages and other traditional forms of security;
- commercialisation of new plant varieties and their related intellectual property rights (plant breeder’s rights and trade marks);
- employment advice for corporate agribusiness groups;
- advice on the sale, acquisition and leasing of agricultural holdings and assets;
- providing advice on water rights;
- dispute resolution and litigation for agribusiness groups; and
- Competition and Consumer Act compliance.
ExperienceRecent examples of our experience include:
- Advising an Australian grains commodity manager on:
- various grain pooling, financing and agency transactions, including creating a commodity product agency agreement with a farming co-operative;
- a master repurchase transaction agreement with RMB Australia Limited;
- advising on ASIC relief and exemptions and making relief applications, including a relief for from registering as a managed investment scheme under the Corporations Act; and
- licensing of new grain and wheat varieties and brand protection matters.
- Advising an Australian supplier of agricultural products and services on:
- a range of acquisitions and investments including its investment in a provider of livestock tracking systems and management solutions;
- completing due diligence in business purchases;
- developing its terms and conditions of sale of goods and the provision of credit to growers and for acting as an agistment intermediary and on various arrangements with suppliers;
- review of livestock and wool Agency agreements;
- PPSA compliance for the retention of title sale of agriproducts, stock leasing and other securities, including stock mortgages and general security interests;
- enterprise agreement negotiations and implementation;
- drafting independent contractor agreements;
- advising on and assisting with compliance with consultation and notification obligations arising out of a major transfer of business;
- advice and representation in Federal Court proceedings in relation to an employee claim under whistleblower protection legislation and trade practices legislation;
- providing strategic advice on industrial relations options for dealing with changes in legislation and the introduction of modern awards;
- commission-based remuneration arrangements for real estate employees; and
- providing advice and representation in an unfair dismissal matter.
- Acting for the peak Australian apple and pear industry body, Apple and Pear Australia Ltd on:
- trade mark licences relating to the well known PINK LADY trade mark used in respect of apples in various foreign markets. Licences have been drafted and negotiated for Brazil, Uruguay, Argentina, the EU, Chile, New Zealand, South Africa and others; and
- the setting up and management of a New Zealand joint venture involving commercialising new varieties of apples and pears and related intellectual property rights.
- Acting for a responsible entity of a number of registered and unregistered agricultural managed investment schemes in:
- the drafting of operations agreements with rural management partners in respect of beef cattle projects; and
- operations agreements for cattle, lamb, forestry, tomato and cropping projects.
- Advising Rabobank Australia on its rural lending business in Victoria including documenting farm lending transactions and related security.
- Acting for an international provider of food, agricultural and risk management products and services in matters relating to:
- the development of a sunflower spring planting assistance product, in particular advising on the law relating to financial products and exclusive dealing; and
- documenting agency arrangements for product marketing and sales negotiation.
- Acting for an independent milk supplier in:
- joint venture and supply arrangements with a multinational food manufacturer;
- acquisition of agricultural holdings and dairy farming assets; and
- providing tax advice on relevant stamp duty exemptions.
- Acting for HarvestCo, a plantation timber harvesting and haulage operator in:
- company incorporations, drafting of shareholders agreements and joint venture agreements; and
- drafting and review of forestry services agreements.
- Acting for a subsidiary of wholesale nursery and horticultural product supplier, Plantmark Pty Ltd in:
- the negotiation of leases and irrigation infrastructure; and
- the preparation of an agency agreement relating to the distribution of a microbial soil rebuilder.
- Advising one of Australia’s prominent abattoirs in relation to using geographic indicators on its packaging and marketing material.
- Advising a multinational crop science and material science company regarding advice in relation to the Competition and Consumer Act and acting in relation a number of disputes.
- Acting for a multi-national agrichemical company in relation to numerous disputes concerning issues such as labelling, supply, product quality, exclusivity and patents.
Our clients include Agrium Asia Pacific (including Landmark); Apple and Pear Australia; Australian Fresh Fruit Company; Australian Pome Fruit Improvement Program; Bayer; Bendigo and Adelaide Bank; Cargill Australia; Coliban Region Water Corporation; Dairy Australia; Department of Primary Industries; Gunns; Gunns Plantations; HW Greenham & Sons; Plantmark Pty Ltd; Premier Fruits Group; Prevar Limited; Rabobank Australia; Rural Finance Corporation; Sipcam; Stargrow (Australia); Suncorp Metway; Tripod Farmers; Tyco Water and Westscheme.
PeopleBen Hamilton
| Partner | | Competition & Consumer Law Intellectual Property Sports and Entertainment Agribusiness Franchising, Retail & Distribution Sports and Entertainment Technology
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Direct: +61 3 9603 3586 | ben.hamilton@hallandwilcox.com.au
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