Property
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Australia’s food and agribusiness sector is diverse, encompassing primary producers, food and wine producers and related industries, and has often been considered the backbone of our economy. There are a wide range of issues affecting this sector – especially those involving the environment and water and the need for patience when assessing economic impacts on the land. Operators in this industry also face global issues around supply and demand, quarantine and exports.
Our food and agribusiness lawyers understand the unique issues facing farmers and organisations in this sector and provide specialised and practical advice to ensure our clients maximise their competitive position and are well positioned for growth.
Our clients include local and international grain traders, aggregators and marketers, wineries, owner consortiums, growers, cotton processors and marketers, irrigators, food producers and suppliers, pastoralists (wool and cattle), forest managers and other professional service providers to the industry including accountants and agronomists. We also regularly act for banks and providers of credit to this sector.
We also act for clients in agricultural technology as they develop technologies and plant varieties. We help them protect, commercialise and enforce their intellectual property, whether it is a new trait, crop protection product or software and as they enter into joint ventures, alliance or licensing deals.
Business structuring
We work with our Tax team and our client's external tax advisers to advise and implement the optimal structures for our client's agricultural businesses. The determination of the optimal structure usually encompasses careful consideration of tax consequences, asset protection, balancing the interests of joint venture partners (where relevant), regulatory issues and potential future exit strategies.
Environment and planning
We can assist with issues relating to Environment and Planning. Please see our Environment and Planning page for more.
Export, supply and distribution
We routinely advise our agricultural clients on export, supply and distribution agreements. This includes understanding and appropriately allocating risk for matters such as fluctuating commodity prices, defective products and delays. We leverage our deep relationships with our broad international network of law firms where necessary to advise on relevant foreign jurisdictional issues in international contracts.
Foreign Investment Review Board
We advise foreign clients seeking to invest in Australia's agricultural sector on applying for approval from the Foreign Investment Review Board. Our lawyers advise clients on whether FIRB notification is required and (if so) what information is required. They prepare applications and manage engagement with FIRB. We are also able to engage our affiliate, TG Public Affairs, which often assists in understanding potential political and policy matters that could arise.
Land purchases, sales and property rights
We act for farmers and rural enterprises who are buying or selling agricultural properties around Australia. These properties often comprise multiple parcels of land that can have a range of special rights or titles conditions attached to them (including easements and covenants). We undertake extensive due diligence to understand what rights or conditions are applicable to ensure that they are part of the sale or purchase and that titles to all parcels are transferred.
Water rights
Access to water is critical to agricultural operations. Our lawyers understand the value of water to the rural sector and have extensive experience with water trading and dealings, including working with irrigation schemes. For irrigated agricultural properties, it is essential to secure rights to all land on which water infrastructure is used to supply water to such properties and to the use of water for irrigation purposes. We act for water users seeking to acquire or change licences and approvals from relevant authorities, or to document water dealings with other water users.
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Built around principle of quality and value.
Bronwyn Furse
David Gaszner
Emma Cook
Eugene Fung
Fraser Bell
Jeff Baker
Mark Borrello
Mark Procajlo
Matthew Reynolds
Melinda Graham
Philip Dowling
Tom Boyce
Tony Saint
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About us
Thomson Geer acknowledges the Traditional Custodians of Country throughout Australia and their connections to land, sea and community. We pay our respect to their Elders past and present and extend that respect to all Aboriginal and Torres Strait Islander peoples today.