Over the years a quiet revolution has occurred within the Agribusiness sector. Driven by factors such as:
- de-regulation of statutory marketing;
- competition law reform;
- globalisation and industry consolidation;
- food safety issues; and
- the emergence of economically powerful customers dictating supply terms
The agribusiness sector has become significantly more sophisticated and economically powerful. The current agribusiness climate with its mixture of historical practices and rapid advances in production, processing and marketing creates challenges for legal advisors to the sector.
Clayton Utz has a team of lawyers with the relevant experience, skills and commitment to satisfy the above requirements, whose is direct and demonstrates clear thinking and clear expression.
We are involved with:
Debt and Equity including grain inventory facilities
Co-operative Bulk Handling Limited: act on proposals for restructure including merger with Grain Pool of Western Australia including designing due diligence process, serving on due diligence committee, drafting notice of meeting and information memorandum, settling media releases and other information forwarded to stakeholders and advising on meeting procedure.
WAMMCO: appointed by the State Government to chair an advisory committee to recommend suitable structure for conversion of the Western Australian Meat Marketing Corporation to a producer owned co-operative including conferring with corporate advisors on alternative structures, recommending appropriate structure, drafting constituent documents for new entity, advising on share structure, attending to registration of co-operative, drafting communications to stakeholders, etc.
Challenge Dairy Co-operative Limited: acting on de-regulation of the dairy industry in the structuring of Challenge Dairy Co-operative Limited with backing of the de-regulation funding, including the acquisition of two processing facilities.
Australian Wheat Board: advised a peak industry body on proposed AWB restructure including advising on reconciliation of co-operative principles with investor driven principles, risks associated with capital structure and rights attaching to different classes of shares, reviewing relevant legislation, preparing issues papers for lobbying of state and federal authorities, etc.
Kimberley cattle industry: Acted for the Western Australian State Government in the acquisition, sub-division and sale of the Emmanuel cattle stations in the West Kimberley, including Gogo, Beefwood Park, Christmas Creek and Cherrabun. We provide advice in connection with the relevant provisions of the Land Administration Act in relation to the acquisition of pastoral leases and negotiations with the Pastoral Lands Board, preparation of all forms of ancillary documentation, including sub-leases of pastoral leases, cattle leases, mustering contracts, easements, etc. We also advise in connection with the Soil and Land Conservation Act and negotiate with Agriculture WA in connection with range condition reports.
Fishing industry: act on sales, purchases and leasing of fi shing industry infrastructure, including vessels, licences and processing facilities and providing advice in connection with Fish Resources Management Act and Pearling Act.