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Agribusiness

We can help you manage your risk profile and guide you through the many uncertainties facing agribusinesses today.

Agribusiness

Just as Australia’s mineral resources sector has become an indispensable component of Asia’s energy and resources mix, our national agribusiness sector faces an unparalleled opportunity for growth and investment by supplying those same markets with high yield, high quality food and fibre.

Expertise

  • advising on vertical integration – becoming more than just a bulk commodities exporter by realising the benefits of value adding prior to export
  •  risk management – diversifying your interests by geography and commodity, and allocating risks between joint venture partners
  • infrastructure development and delivery, operation and maintenance
  • finance, mortgages, securities (real estate and personal property), insolvency and debt restructuring
  • pastoral and occupancy leasing and share-farming arrangements, and contracting out farm operations
  •  documenting partnership, trust and company structures for property ownership and management
  • statutory resumptions, mining interests, and compulsory acquisitions including valuation issues
  •  land titling including leasehold conversions and easements.

Experience

Our experience in realising this potential in the energy and resources context, coupled with our working knowledge of Australia’s agricultural sector and primary industries, puts us in a unique position to help clients turn that potential into commercial reality.

Recently, we have:

  • provided transactional, disposal and titling advice involving national plantation and forestry trusts
  • advised on structuring, acquiring and disposals of rural land and assets involving private and proprietary limited companies within the forestry, sugar and cattle industries in Queensland 
  • advised private clients in complex financial facilities and rural loan specific agreements, mortgage and personal property securities 
  • advised on leasing, licensing, indemnities and option agreements in the support of energy efficiency schemes surrounding solar and wind projects in Queensland 
  • negotiated pre-sale issues involving resumption and encroachment of rural land in Queensland
  • provided advice on contaminated and environmental rural land issues 
  • advised on transactional land transfers of rural family business assets.

Additional experience

  • Shanghai Zhongfu Group — advising on its bid to acquire agricultural land to establish a greenfield sugar industry in Western Australia and associated infrastructure
  • Olam International Limited — acting in respect of its Australian operations across various industry sectors including pulses and grains, almonds, cotton and in respect of  infrastructure projects such as the  Newcastle agri terminal
  • private equity participants — advising on various investments in agribusiness, including in diverse sectors such as fruit and vegetables, potatoes and wine
    • acting for listed European companies in respect of joint venture arrangements with Australian supermarkets for meat packaging
    • advising on large rural property acquisitions across Australia and including the purchase of rural water rights, both for private investors and for unlisted agribusiness funds.
Howard Rapke

Howard Rapke

Managing Partner

Melbourne

More info
Trent Taylor

Trent Taylor

Partner

Brisbane

More info
Kylie Wilson

Kylie Wilson

Partner

Brisbane

More info
Harry Kingsley

Harry Kingsley

Partner

Melbourne

More info

Recent Posts

31 August 2016 - Knowledge

FWO horticulture-sector inquiry bears fruit: labour hire operator admits to multiple breaches of the Fair Work Act

#Agribusiness

Businesses and labour hire operators in the horticulture and viticulture sectors are in the Fair Work Ombudsman’s (FWO) sights, as it continues its national Harvest Trail Inquiry...

23 August 2016 - Knowledge

New unfair term contract law will apply to Agribusiness

#Agribusiness

Australian unfair contract laws relevant to consumers will be extended to include small businesses as of 12 November 2016. A significant number of farmers and agricultural small businesses will be captured by the definition of a small business under the new laws...

16 August 2016 - Knowledge

ASIC consultation: Exemption of grain pools as financial products

#Agribusiness

The Australian Securities and Investments Commission (ASIC) commenced a consultation process on 10 August 2016 inviting industry submissions regarding whether the relief order granted to exempt operators of grain pools from onerous managed investment scheme provisions should continue...

23 November 2015 - Knowledge

Sale of Australia’s largest pastoral holding blocked in ‘national interest’

#Agribusiness

On 19 November 2015, Scott Morrison, Treasurer of Australia announced that he would not authorise the proposed acquisition by foreign investors of S. Kidman and Co. Limited...

16 November 2015 - Knowledge

Funding alternatives in agriculture

#Agribusiness, #Corporate & Commercial Law

From producers to haulage providers, Australian agribusiness has traditionally relied on conventional debt financing. Being captive to variable factors such as climate and cyclical business cycles, financial institutions often take a conservative approach to lending which has restricted the flow of funds...

25 August 2015 - Knowledge

Australian food labelling laws: changes and complexities for foreign trade

#Agribusiness

Changes to Australian food labelling laws provide consumers with an increased understanding of the origin of their food, with the focus being on the percentage of Australian ingredients...

07 July 2015 - Knowledge

Creation of the Agricultural Land Register and major changes to reporting requirements

#Agribusiness

The Australian Government has announced that from 1 July 2015 all foreign investors who hold an interest in Australian agricultural land are required to advise the Australian Tax Office (ATO)...

01 July 2015 - Knowledge

Competition policy review - “Harper Review”

#Agribusiness

During the 2013 Liberal Party election campaign, Tony Abbott pledged a review of competition policy. The final terms of reference were released on 1 April 2014 and the review was chaired by Professor Ian Harper and titled the ‘Competition Policy Review’,...

23 June 2015 - Knowledge

Marsh v Baxter: Sowing the seeds of co-existence?

#Agribusiness

A local dispute in Western Australia (WA) is stoking the flames of the global debate surrounding the use of GM technology in farming...

03 June 2015 - Knowledge

PPSA: A practical update for commodity traders

#Agribusiness

The Personal Properties and Securities Act 2009 (PPSA) has been a central talking point in the Agribusiness sector for some years now. This article considers the practical implications of the PPSA in the context of trading agricultural commodities...

27 May 2015 - Knowledge

What to make of the food health star ratings?

#Agribusiness

By now you will have seen food packaging with ‘health star ratings’ – a prominent display of a number of stars between one (being the worst) and five (being the best). It’s a bit like a film review or the energy rating on your fridge...

15 April 2015 - Knowledge

FWO reviewing complaints from backpackers about labour hire businesses

#Agribusiness

Fruit and vegetable growers are urged to check their current and prospective labour hire agreements, following an announcement by the Fair Work Ombudsman (FWO) that the agency is reviewing complaints...