Recent Experience

AGRIBUSINESS

We have represented pastoral lease holders in contractual negotiations related to the Balla Balla Magnetite and railway line project, including settling options to purchase, subleases and railway access terms and conditions.


We have acted for a leading Australian agricultural investment fund investing in Western Australian farming, including undertaking due diligences, contract preparation and settlement.


LITIGATION

Pacer Legal recently acted for the plaintiff in a District Court trial involving a contractual dispute between subcontractors engaged on the Wheatstone Project.   By working closely with Counsel, our litigation solicitors prepared a thorough and extensive factual account of material evidence, including numerous witnesses, that ultimately resulted in judgment being entered in favour of our client.  In addition to the entire sum being awarded, interest and costs (including a portion of indemnity costs) were awarded to or client.  Click here to read the decision.


Pacer Legal recently represented a client as instructing solicitor in the Supreme Court of Western Australian Court of Appeal in a complex case involving a large farming land holding outside of Esperance.  In a case that involved property law and the operation of the statutory presumptions in ss 127 – 129 of the Corporations Act in the case of fraud, our client was successful in overturning an earlier decision in the Supreme Court by a unanimous majority of the Appeal Court click here to read the Supreme Court judgment.  In working closely with both Senior and Junior Counsel from Francis Burt Chambers, we were able to deliver a successful outcome to our client in a very complex and difficult litigated dispute.


WARDEN'S COURT

Pacer Legal recently acted on behalf of pastoral lease holders in the Pilbara objecting to a mining tenement application encroaching on land within the pastoral lease.  The mining tenement application had the potential to injuriously affect the pastoral lease and unduly interfere with our client’s pastoral activities.

By appearing in the Warden's Court and preparing court documents outlining the difficulties our client would encounter should the mining tenement application be granted, we were able to successfully negotiate an access agreement with the mining company on terms beneficial to our client. 


PROPERTY & 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.