Many pitfalls and complications can arise in dealing with farms or rural properties. Our lawyers have the expertise and industry knowledge to guide you through the many day to day and strategic issues which you will have to navigate as a farmer, business owner or landowner in the agricultural or rural sector.
We will work closely with you to gain a full understanding of your business and the issues affecting the rural and farming sectors, to provide tailored legal advice specific to your needs. Our approach minimises the stress involved in dealing with a legal issue, allowing you to focus on the growth of your own business.
Farming and Agribusiness
We can advise you in relation to:
Buying and selling farms and farming properties, including sugarcane, cattle (beef and dairy), grains, cotton, small crops, etc.
Preparing Share Farming Arrangements
Preparing Partnership Agreements
Preparing Joint Venture Agreements
Preparing Shareholders Agreements
Leasing your farm or farming equipment
Business Structuring
Asset Protection
Sale and purchase of livestock, permits and machinery associated with the change of ownership of pastoral land
The Personal Property Securities Regime
Workplace health and safety issues, including advice on procedural issues pursuant to the Work Health and Safety Act
Employment law issues such as salary and wage negotiations, enterprise bargaining, employment contracts and working with contractors and subcontractors
Industrial Relations issues including termination issues and unfair dismissal claims
Disputes and court cases including liability claims such as WorkCover claims, disputes with contractors and debt collection
Environmental Law issues, for example licensing issues with the Environmental Protection Act
Succession planning and intergenerational farm transfers
Will/s & Estate Planning
Family Law Matters
Establishing a Self Managed Superannuation Fund
Rural land
We offer expert advice relating to:
Rural residential and non-residential subdivisions
Land titling issues, both freehold land and crown leasehold land
Applications to government departments to convert crown leasehold land into freehold land
Procedural issues under the Water Act and regulations, including transferring water licences/allocations, subdividing parts of water allocations and disputes regarding water licences/allocations with third parties and government agencies
Resumption disputes (such as those under the Acquisition of Land Act) by local governments and government owned corporations
Mining exploration permits and the implication of those permits pursuant to the Mineral Resources Act and related regulations
Our Agricultural & Rural Team
Client Guides
Latest News
For those of you who are landlords, there are new reforms in effect in Queensland. These reforms apply to all residential tenancies and include any house rentals, caravan rentals or rooming accommodation.
As communication methods change, it is crucial to recognise that any form of communication (even a simple emoji) can potentially establish a binding contract. It is important to be mindful of this fact and be cautious when engaging in any form of written communication.
Whether it is a casual email or a brief text message, it is important to understand that these modern modes of communication hold legal significance and can carry legal implications and consequences.
Agricultural property can be held by landowners a few different ways. It’s important for those landowners or those wanting to become landowners to know the differences and their rights and obligations.
The occupation of land in Queensland may be defined under two broad tenure headings:-
1. Freehold, and
2. Leasehold.
It is not uncommon for friendly neighbours to allow access over their land from time to time on an informal “handshake” arrangement. Whether it be for a track to run through the neighbour’s land to allow better access to an area you own or for you to lay a pipe down to irrigate from a nearby creek.
In the last article we discussed what rights and obligations you had as a landowner to deal with residential tenants’ property after they moved out. Now we will explore what landowners’ rights (and obligations) are when a commercial tenant for farmland leaves property behind on your land and what you can (or can’t) do with it.
Today, we will explore what landowners’ rights are when a tenant leaves personal property behind on your land and what you can (or can’t) do with it.
War Story: John has an investment property that he rents to a young couple
In late December, the young couple’s tenancy agreement came to an end, and they subsequently vacated the property…
Karen’s son Paul had a drug habit. She left her estate to him on her death hoping he would use the money to undertake the drug rehabilitation programs he always promised to…
In the last four articles we discussed what information a Seller should disclose to a Buyer when selling property and the potential consequences of failing to do so. In addition to the points already discussed, Sellers and Buyers should also take note of the following where the property being sold/purchased includes a dwelling with a swimming pool..
In the last two articles we discussed what information a Seller should disclose to a Buyer when selling property and the potential consequences of failing to do so. In addition to the points already discussed in the last two issues, Sellers and Buyers should take note of the following…
Two recent cases in the media involving squatters have demonstrated how things can go wrong when you don’t take the proper steps to protect your property rights.
On 2 June, the Federal Court found that the Commonwealth Government was liable to pay compensation to Brett Cattle Company Pty Ltd and others for the unlawful Ban Order placed on live cattle exports to Indonesia in 2011.
Relief for COVID-19
More than 6000 farmers, businesses, tourism operators, community and sports clubs won’t have to pay State Land Rent for 6 months of this year under a series of measures to protect Queensland businesses and jobs during the COVID-19 pandemic.
In August, 2017 a freight train collided with a truck at a Private Crossing on the Wagoora-Yalboroo Road while travelling north of Mackay. The truck did not see the oncoming train and crossed the Private Crossing and was struck. The truck driver did not survive.
If you have ever looked into the rules on this, it may have been a confusing experience! Fortunately, farmers’ interest groups have gone to an extensive amount of effort over recent years in order to ensure that the number of permits that you require from May 2019 might now simply be “zero”.
It is so important to have a well-drafted Will, in order to ensure that upon your death, your farm, hard earned money, and other assets: a) Pass to the people you want; and b) Support your beneficiaries’ needs (such as a surviving spouse or children) in the way you want ..
The Department of Agriculture and Fisheries (“DAF”) and Queensland Rural and Industry Development Authority (“QRIDA”) have announced assistance packages for those Primary Producers affected from the recent fires that occurred between 30 November to 6 December in our region.
Last month we discussed the vendor financing option for those farmers transferring their farms onto their children and allowing their children to pay off the price over time.
Today, it is estimated that Australia has up to 24 million feral pigs. The Biosecurity Act 2014 protects Queensland’s economy, biodiversity and people’s lifestyles from the threats posed by invasive pests and diseases. Invasive pests include feral animals which impact on our native ..
Earlier this year we launched our “Succession Planning” series. Our first two columns started with the basics and raised questions you should be considering when making your succession plan. You can review these here: Part One (/news/to-transfer-or-not-to-transfer-when-is-the-right-time) and Pa..
Earlier this year, we launched the Part One of our series on Succession Planning. (/news/to-transfer-or-not-to-transfer-when-is-the-right-time) This issue, we shall explore the options you have if you would like to transfer your farming business all at once (as opposed to over time). ..
There has been plenty of media on the new Vegetation and Management Laws that were passed by Parliament on 3 May this year. These new laws may have a great impact on many farmers’ ability to clear and manage their land in the future. The commencement date of these new laws is yet to be advi..
As the saying goes, “if you fail to plan, then you plan to fail!” This too applies to succession planning for farmers For all the baby boomers out there, your retirement plans and succession planning may be (or perhaps should be) already in order. Some of you may have this on y..
The Personal Property Securities regime was introduced in January, 2012 and bought with it a number of complications and headaches for small businesses including cane farmers. Recent amendments to the PPS regime have reduced red tape and McKays sees this as a win in reducing the paper ..
The State Government has introduced new mediation laws in Queensland to provide an alternative solution for farmers when struggling to comply with their bank’s mortgage terms. This is a great alternative from having to engage in expensive and drawn out legal battles that could lead to their fina..
There has been a further extension on the transfer duty (more commonly called ‘stamp duty’) concession for the transfer of family businesses of primary production that was released on 23 December, 2016. The great news is that this concession now covers Water Allocations! Before expl..
Don’t become the “Hunted” because of Pig Hunters! You only have to take a drive around Mackay to see the number of well equipped, off-road vehicles decked out with pig-hunting cages, to know that the sport is becoming increasingly popular. The problem is, there are a growing number..
Farmers affected by water rights changes in the Mackay Region Water… humans and animals cannot live without it; you certainly cannot grow crops without it; in fact, some University professors predict that World War III will be fought between countries over it! We are not qui..
Transfer Duty and Possible Concessions
Transfer duty (previously called stamp duty) is a tax imposed on transactions of real property or chattels. The State Government charges transfer duty based on the sale price of the property.–The contract of sale typically passes on the requirement to pay the duty to the buyer.The question of how much duty is payable depends on the sale price with the percentage scale increasing with the sale price.Depending on the nature of the transaction, certain concessions and exemptions may be available to you.
Click here to calculate transfer duty on your new farm or rural property.
For those transferring a farm or part of a farm to another family member, you may be eligible to apply for a concession to reduce your duty to Nil. To find out more follow this link:
https://www.qld.gov.au/housing/buying-owning-home/family-business-concession
To download the form to apply for the primary production concession to transfer a family business click on https://publications.qld.gov.au/dataset/8dea3cf8-a11b-4e99-9c1c-6ae4375321c1/resource/94fa58e3-dcfb-427c-b327-e4ef707b5cd6/download/form-d2.5v91july2017.pdf
What if your not an Australia Citizen or Permanent Resident?
If you are looking at buying a farm or rural property but aren’t an Australian Citizen or Permanent Resident, please click on the below link to find out if you are eligible to sign a contract now or whether you need to insert a special condition into the contract to make your contract subject to you obtaining approval from the Foreign Investments Board before locking yourself into the purchase. If you cannot find the information you are looking for on this link, please feel free to contact one of our friendly team who can assist you further.
Foreign Investors Board - http://firb.gov.au/
What if you have a Supplemented Water Allocation to transfer?
If you are looking at transferring a Supplemented Water Allocation to another person, you will need to download the necessary form from Sun Water and complete.If you are not an existing Sun Water customer, you will also have to complete a Customer Profile Details Form and also submit to Sun Water.If your transfer of the Water Allocation also involves other property, we recommend you contact one of our friendly team who can offer you further assistance to help you with the transaction so it is done correctly the first time.
Sunwater water allocation transfer information - http://www.sunwater.com.au/property-water-allocation-transfer-process/property-water-allocation-transfer-process
QRIDA Farm Management Grants
Some farmers may be eligible to apply for a grant from QRIDA (formerly called QRAA).If you would like more information on the grant, you can follow this link or alternatively, give one of our friendly team a call and we can explore this option with you.
How can I protect my farm or rural property from a relationship breakdown?
What impact would divorce have on your farm or rural property? Would you be able to fund paying out your ex partner and still keep the family farm? One of McKays specialties is asset protection. This includes drafting and advising clients on Pre Nuptial and Cohabitation Agreements. Whether you wish to quarantine assets that you are bringing into a marriage or relationship, or simply wish to avoid the prospect of going to court by agreeing now on what your property division will be, we have extensive experience in drafting Pre Nuptial Agreements to meet your needs. Our Asset Protection and Family Law teams will work closely together to ensure that both your and your partner’s assets are suitably protected.
Why is it important to have an up to date Power of Attorney?
It is important to have both an Enduring Power of Attorney and a Will. A Will operates on your death but an Enduring Power of Attorney operates at any time during your life. There is a common misconception that a Power of Attorney is only required for decision making at end of life.
We will explain to you the different scenarios where you or your partner may require a Power of Attorney, for example, if you are overseas, are unexpectedly injured or become suddenly unwell and unable to make financial and health decisions for yourself or your children.
By signing a Power of Attorney you may grant someone (your attorney) the legal power for that person to sign or to take authorised action on your behalf.
Why is it important to have an up to date Will?
It is crucial that farmers and rural landowners have an up to date Will. If someone dies without a Will, then their estate may be considered intestate which means legislation dictates how their estate is distributed, rather than them choosing themselves. Having a ‘simple Will’ is sometimes appropriate but more often than not a simple Will does not provide the best financial outcome for a person’s family and sometimes can cost them thousands, if not tens of thousands of dollars in tax, which would not otherwise be payable.
Scenario 1: Cane farmer John dies leaving behind his wife Mary and three infant children. Mary invests $300,000 inherited from John’s estate and receives $18,000 extra income each year. She already earns income from her job and ends up paying $8,370 tax on the extra income, leaving only $9,630 to spend on the family.
Scenario 2: Beef farmer Peter dies leaving behind his wife Sue and three infant children. Sue invests the $300,000 inherited from Peter’s estate and receives $18,000 extra income each year. She already earns income from her job but ends up paying no tax on the extra income leaving $18,000 to spend on the family. This is $8,370 more than Mary, not just in one year, but she will make this saving year after year.
Why is Sue $8,370 a year better off? The answer…a Will prepared with the benefit of specialist advice from a lawyer who knows and understands the details of good estate planning.
Our advice can help ensure that you have done everything you can to make sure your family benefits in the best possible way from your estate when you die. A properly considered and written Will is one of the most important things you can do for your family. Our friendly Estate Planning team can talk to you about succession planning, specific to the agribusiness industry.