How we have helped clients
Agribusiness
Acting on the purchase of Erregulla Plains, Mingenew, on behalf of Daybreak Cropping managed by Warakirri Asset Management. Erregulla Plains is one of the most substantial grain growing aggregations in Western Australia and marked one of the biggest rural sales in Western Australia's history. This transaction involved contract preparation and negotiation, due diligence investigations, novation of various licences, FIRB approval and transfer of licensed plant and equipment.
Acting for clients on successful applications for injunctive relief concerning the movement of goods on farming properties.
Litigation
Preparing the Cascade Scaddan Fire Report regarding the November 2015 fires in Esperance. This was funded by the community of Esperance and was tabled in the Legislative Assembly of the Western Australian Parliament on 17 November 2016.
Estate matters and probate
Acting on a complex Probate application where an error in the preparation of a foreign Will resulted in the Australian Will being revoked, causing significant delays and further costs to the Estate. By the time Pacer Legal became involved, two applications to the Court had been refused and a third was required. Patricia Walsh was able to ensure that the third application was correct, with her hard work and attention to detail resulting in a favourable outcome for the client.
Assisting clients with achieving resolutions in respect of claims made against deceased estates under the Family Provision Act 1972 (WA).
Property and real estate
We have attended to the preparation of property due diligence reports for remote Aboriginal Settlements located upon Crown Land, which were submitted to government departments in support of funding applications.
We are experienced in multifaceted land transactions, including negotiating a contract of sale for the sale of agricultural land acquired by Main Roads Western Australia and associated compensation and access agreements.
Taxation
The Commissioner of State Revenue disallowed an application for an exemption from duty on the transfer of a farm between family members because the transferor of the land was not physically farming the land. The reason that the transferor was not physically farming was that he was in hospital in Perth being treated for cancer, however, he was still involved in managing the farm. The Commissioner maintained that to be considered to be farming the land, a person had to be physically carrying out the farming activities.
We lodged an objection against the Commissioner’s decision on the basis that the Duties Act only requires the transferor to be using the land in the business of primary production and that managing a farm satisfies this criteria, the transferor does not need to be physically carry out the farming activities. Our objection was allowed, saving in excess of $45,000 in duty.
Family law
We have acted for grandparents where the death of a parent has left the care of the children in the hands of the surviving parent who has mental health issues. We have negotiated in good faith on behalf of the children’s grandparents to obtain an order in the Family Court (by consent) granting them parental responsibility for the children (meaning sole decision making power), whilst making provision in the orders for a continued meaningful relationship between the children and the surviving parent.