Moin Morris Schaefer are your agri-law experts. We know your industry and the unique issues and opportunities that confront those on the land.

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Farming is a way of life that presents industry specific legal issues, such as:

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Business/Commercial

• Family trust structures are commonly used to conduct the farming operations;

• Employment law issues due to the often dangerous work undertaken, and transient workforce;

• PPSR (Personal Property Security Register) legislation, that affects finance on farm machinery;

• Intellectual property is increasingly an issue, with complex agreements, and law affecting the supply chain, retail branding, herd-books, genetic material and many other aspects of farming businesses;

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Family law

• Family law matters take on an added level of complexity when farming businesses and land are involved. The sentimental attachment to farming properties make any asset split inherently difficult. In addition, many farming businesses are structured to involve family trusts that span more than one generation, which further add to the complexity of any property settlement. 

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Estate planning and Succession

• The sentimental attachment to farm land creates much stress and anxiety for will-makers in determining what will happen with their Estate upon their death. Unless there are substantial non-farm assets to offset the substantial farm assets, then making appropriate arrangements can be difficult.

• Powers of appointment in family trusts need to be carefully considered and addressed, as do issues involving self-managed superannuation funds which are increasingly owning parts of farming enterprises.

• Farm succession can be fraught with family provision claims, expert guidance is required to minimise the risk

• Our Estate planning team is unrivalled in regional NSW and can provide the tailored advice and documentation to suit your needs, including testamentary trusts at a fraction of the cost you would pay in the metropolitan areas.

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Property

• The purchase and sale of farm land involves much more than residential conveyancing. You need a team of experts capable of addressing the special needs and issues that arise with farming properties, such as Crown leases, easements, licence agreements, plant and machinery inclusions, water licences, vendor finance agreements, taxation issues and special stamp duty exemptions. 

• Rural leases are covered by specific legislation that can create liabilities for landlords that are not properly advised. At Moin Morris Schaefer we regularly advise on and draft rural leases to suit the unique needs of our farming clientele. 

• We advise on rural fencing issues and disputes.

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Climate & Sustainability 

• We advise on carbon farming projects under the Clean Energy Regulator;

• We advise on renewable energy contracts and projects, including wind and solar farming.