Specialist Corporate and Commercial Lawyers
How we can help
The SWS team has the depth of expertise in the related legal disciplines of property, corporate, commercial, intellectual property, food and beverage and succession law to assist a broad range of participants in the agriculture industry. We help our clients maximise their potential and profitability. We solve problems, work with accountants, and understand the importance of planning for succession and intergenerational change.
Our agri-business legal services include
Land
- leasing & agistment arrangements
- pastoral and occupancy leasing
- water, water rights, bore and surface area licenses and water sharing and irrigation arrangements
- easements
- disposals, resumptions, acquisitions
- dealings & instruments impacting interests in agricultural land
We advise on the sale and purchase of agricultural land, leasehold arrangements, statutory resumptions and compulsory acquisitions and the impact of statutory interests (including mining rights and valuation issues) – contact David Allchin and Paul Jayne.
Development
- land and operational development
- environmental, conservation and biodiversity advice
- planning and approval platform advice
- land clearing advice
- licensing arrangements for renewable energy infrastructure
We advise farmers and agri-business owners on the development and use of their land and business infrastructure. There are a range of very specific statutory and regulatory obligations that are particular to the conduct of agricultural and food production businesses. We have worked with farmers to streamline operations; start-up ventures wanting to crack a niche market; ASX listed food and beverage manufacturers; and weekend warriors wanting to dabble in cattle or “highland cow” breeding – contact David Allchin and Paul Jayne.
Transactions
- equity transactions (public and private offers)
- agri-business acquisition, divestment and merger transactions
- FIRB – Foreign Investment Review Board applications and advice
- merger clearance and Competition Law advice
We have worked with several food, agricultural and food distribution clients on M&A transactions and have a long track record as the most successful corporate deals team in the NSW Hunter Valley – contact Andrew Windybank.
Finance
- mortgages, securities (real estate and personal property)
- insolvency and debt restructuring
- livestock arrangements
Our clients have included farmers seeking guidance on stock finance and related loan and security arrangements; corporate clients seeking to take security over agri-business assets; and farmers & insolvency practitioners dealing with agri-business assets in both turnaround and insolvency situations – contact Richard Suters and David Allchin
Contracts
- share-farming arrangements
- outsourced farming and farm share contracts
- procurement and supply agreements
- grain and produce contracting
- outsourcing and subcontract arrangements including off-take and toll production agreements
- employment matters OH&S (occupational health & safety), employment contracts, and workplace safety
- brand establishment and protection, trademark and passing off issues
We have worked with farmers and brewers; wine makers and grape growers; animal producers and vegetable processors; food and meal replacement manufacturers; and ingredient suppliers to produce boutique offerings, document and secure contractual rights, and achieve optimal outcomes. We love complex and novel contractual arrangements that ‘take from this and borrow from that’ to develop arrangements that are as creative, diverse and unique as many agricultural pursuits – contact Richard Suters & Andrew Windybank
Succession
- trust, partnership and company structure advice and drafting
- succession planning and family agreements
- family office arrangements, governance and planning advice
- wills, testamentary trusts, succession planning and intergenerational farm transfers
We document, advise and work with accounting advisors to establish, vary and expand farm business structures – contact Andrew Windybank about establishing your venture and David Allchin about succession.
Their approach is always professional and delivered at a standard comparable to a capital city law firm. It is the clear strategic direction that has always impressed me about the SWS team.
We believe their ability to combine first rate legal expertise, commercial judgement and strong negotiating skills is rare amongst lawyers and provides us with a real competitive advantage in corporate transactions. We use SWS because of their ability, not their post code.
The combination of rare legal expertise, commercial judgement and strong negotiating skills is rare amongst lawyers and provides us with a real competitive advantage in corporate transactions.
SWS has assisted with advice on securing and exercising complex property and commercial contractual rights and assisting with protracted contractual management and implementation. We value legal experts who can offer pragmatic and commercial legal solutions for our complicated matters. SWS Lawyers has consistently met these criteria.
The team at SWS Lawyers have already showcased their professionalism, commitment, positive can-do attitude and insight into our needs and have a clear understanding of the disability sector.
