General Enquiries:office@whlaw.com.au
Perth:+61 8 9481 2040
Geraldton:+61 8 9921 2344
Commercial Law & Contracts
Wills, Estates & Probate
Make an Enquiry
Our lawyers have extensive experience in reviewing and drafting wills, applications for probate, powers of attorney, powers of guardianship, inheritance claims and letters of administration. We have particular experience in handling complex matters for private clients including complicated probate applications. We regularly assist executors in the administration and winding up of deceased estates.
We have acted for a number of charities in relation to bequests made to the charities and contested estates, including those based in Western Australia and nationally. We provide low cost or pro bono will preparation services for various charities including the Cancer Council and the Dogs Refuge Home (WA) Inc.
David Williams and Chris Osborn have each received the designation Trust & Estate Practitioner (TEP) by the Society of Trust and Estate Practitioners (STEP).
Our expertise in this area includes:
- Preparing simple and complex wills
- Dealing with superannuation entitlements outside of wills
- Applications for probate
- Applications for letters of administration (deceased did not have a will)
- Resealing (recognition) in Western Australia of probates and letters of administration from other countries and states outside Western Australia and applying for Western Australian probates to be resealed (recognised) in other jurisdictions
- Estate Planning
- Obtaining declarations of death
- Enduring Powers of Attorney
- Enduring Powers of Guardianship
- Inheritance / Family Provision Act claims
- Estates with a cross border element
Succession & Estate Planning, Trusts & Asset Protection
Make an Enquiry
Effective estate planning will ensure your assets, including property, trusts, investments and more, are provided to the intended beneficiaries. This reduces the chance of conflict between beneficiaries and protects the estate assets from claims by unintended recipients.
Our lawyers combine legal experience with an incisive and pragmatic approach to resolving issues for individuals and families in their estate planning and business structuring.
We act for numerous high net worth Western Australian families and individuals, including working closely with client’s accountants and financial advisers.
David Williams and Chris Osborn have each received the designation Trust & Estate Practitioner (STEP) by the Society of Trust and Estate Practitioners (STEP).
Our expertise includes advising in relation to:
- Establishing and varying trusts and asset protection structures
- Business succession planning and estate planning
- Complex wills
- Family discretionary, testamentary and unit trusts
- Preparing Self-Managed Super Fund Trust Deeds
- Preparing Enduring Powers of Attorney and Enduring Powers of Guardianship
Click to view
Our relevant experience includes:
- Advising high net worth family on separation of extensive interests in property syndicates, unit trusts and other business structures as part of intergenerational wealth transfer
- Advising high net worth executive on separation of personal investments from those of his employers
- Advising high net worth individual on implementation of testamentary trusts in circumstances where adult children were in dispute
- Advising farming families on intergenerational wealth transfer of family farms in a transfer duty and tax effective manner
- Advising various high net worth families on succession planning and generational relationship agreements
Residential Property & Settlements
Make an Enquiry
Our property lawyers and paralegals are well experienced in all legal aspects of buying or selling residential property in Western Australia. We act for both buyers and sellers in hundreds of transactions per year.
We offer a competitively priced property settlement service. Our fees are competitive with settlement agents but we give our clients the peace of mind of having qualified lawyers handle their property transaction.
We are members of PEXA, an e-conveyancing platform, and can settle your sale or purchase quickly and securely online. With PEXA we can provide our clients with greater certainty, fast access to funds, on-time settlement and no more cheques, saving time and money.
Our clients include buyers, sellers and real estate agents. We have extensive experience in the Perth and Geraldton property markets, and have strong relationships with real estate agents in both markets.
We act as town agents in Western Australia for various interstate law firms.
Our expertise in this area includes:
- Advising on sale and purchase of residential property
- Advising in relation to “off the plan” sales
- Reviewing property management agreements
- Advising in relation to structuring of property investments, including establishment and administration of property trusts
- Advising in relation to strata issues.Advising in relation to vendor finance
- Advising in relation to property seizure orders
- Preparing “granny flat” agreements
Click to view
Our releant experience includes:
- Completing hundreds of residential property settlements every year
- Advising on numerous residential property related disputes, including acting for buyers, sellers and against banks. Click here for further information
- Defending residential property seizure orders in criminal proceedings
- Advising many clients on how to set up a property investments trust and how to change trustees
- Advising numerous clients in their rights in relation to “off the plan” sales
- Preparing vendor finance agreements
- Preparing “granny flat” agreements for several clients
Commercial Property Sales, Leasing and Contaminated Sites
Make an Enquiry
We act for many property developers and advise across the range of issues involved in sourcing, developing and selling commercial, residential and mixed use property developments.
We have extensive experience advising on property leasing matters for large industrial, office and shopping developments, including lease preparation and lease disputes.
Our clients include landlords, tenants, real estate agents, property developers and buyers. We have extensive experience in the Perth and Geraldton property markets, and have strong relationships with major leasing agents in both markets.
We act as town agents in Western Australia for various interstate law firms.
Our expertise in this area includes:
- Advising on sale and purchase of retail, commercial and industrial buildings and properties
- Advising in relation to “off the plan” sales
- Preparing property development and syndicate agreements
- Preparing property management agreements
- Drafting and reviewing offers to lease and lease agreements (including retail, commercial and industrial properties), including negotiating fixtures and fit-out terms and dealing with caveats and liquor licensing issues
- Preparing deeds of assignment and variation of leases
- Advising on termination of leases, make good obligations and lease disputes
- Advising on the Commercial Tenancy (Retail Shops) Agreements Act, Property Law Act, Transfer of Land Act and other relevant legislation
- Advising in relation to structuring of property investments, including establishment and administration of property trusts
- Advising in relation to strata issues
Contaminated Sites
We have extensive experience advising in relation to contaminated site issues.
We are routinely involved in matters relating to the leasing, sale and purchase of businesses, companies and commercial and residential properties. As part of these transactions, we are often required to advise clients in relation to contaminated sites issues.
Our expertise in this area includes:
- Searching the Contaminated Sites Register to identify potential contamination
- Advising clients in relation to their remediation obligations under the Contaminated Sites Act 2003
- Advising owners and occupiers of land in relation to pollutants and contaminants that have emanated from adjacent properties
- Advising landlords and tenants in relation to who has responsibility for remediating contamination
- Drafting special conditions, warranties and indemnities for commercial contracts in relation to contamination
- Drafting land owner’s disclosure forms required under section 68 of the Contaminated Sites Act 2003 (WA)
- Advising clients and liaising with the Department of Water and Environmental Regulation in relation to compliance with the Contaminated Sites Act 2003 (WA)
- Litigation involving contaminated sites, pollution and environmental liabilities
Project, Group & Debt Finance
Make an Enquiry
The commercial team at Williams + Hughes regularly acts for borrowers in single lender and syndicated finance facilities.
With our extensive experience with bank documentation, particularly in negotiation of financial covenants, we are able to negotiate carve outs and concessions from the typical bank contract wording, including better outcomes in terms of financial ratios, debt covenants and cure periods for temporary breaches.
We have expertise in acting for farmers in disputes with bankers, including in relation to foreclosure.
Our expertise in this area includes:
- Reviewing standard bank documents and negotiating carve outs and concessions
- Reviewing and advising in relation to syndicated debt facilities
- Advising borrowers in relation to breaches of debt agreements
- Advising in relation to PPSR issues
Click to view
Our notable and relevant experience includes:
- Advised various family groups in relation to $100+ million debt facilities, including club and syndicated bank debt
- Acted for large family owned borrower to achieve carve out of joint venture assets and other shared ownership assets from bank security arrangements
- Advised large corporate borrower in relation to syndicated debt facility and financial ratio breaches and curing breaches
- Successfully restructured $87 million debt financing facility for ASX-listed Apex Minerals (end to end restructuring advice and negotiations with security trustee, hedge funds, etc)
- Acted for large wine producer in relation to structuring complex debt facilities, prioritisation and subordination agreements
- Acted as escrow agent for Wave Park Group in relation to private capital raising to construct surf park in Melbourne
- Acted as escrow agent for Integrated Marketing Technology in relation to private capital raising
- Acting for various clients in negotiations with banks for project specific debt facilities
- Advising borrowers in relation to PPSR matters
- Advised in relation to suborigination agreements for regional finance and mortgage broking group
- Advised prominent Perth property developer in relation to bank debt facilities
- Acted for buyers of loan trailer book
- Prepared numerous loan facility agreements for private financiers
- Review equipment loan finance agreements for numerous borrowers
- Advising in relation to numerous financing and debt related disputes, payment claims, debt recovery, etc. Click here for more information
Construction Contracts & Subcontracts
Make an Enquiry
We advise principals, developers, contractors, sub-contractors, project managers and consultants on all aspects of commercial construction contracts. We have extensive experience in preparing the full suite of documents relating to construction projects.
Our expertise includes:
- Preparation, negotiation and review of construction contracts, including:
- EPC contracts
- Building refurbishments and upgrades
- Road construction
- Construction management agreements
- Major works and major project agreements
- Equipment and plant supply, installation and commissioing agreements
- Earthmoving contracts
- Plant hire agreements
- Testing and inspection contracts
- Underground and directional drilling contracts
- Oil and gas services construction agreements (pipeworks, inspection, upgrade and modification, compressor installation, etc.)
- Standards Australia, Masters Builders and HIA contracts
- Builder/subcontractor contract reviews
- Payment disputes
- Advising on liquidated damages claims and cancellation fees
- Construction insolvency advice
- Procurement strategies
- Advising on health and safety issues
- Due diligence advice
- PPSR advice
- Advising on construction related insurances
We also advise in relation to construction disputes, including mediation, adjudication and arbitration. To see our experience click here.
Click to view
Our notable experience includes:
- Acting for Coogee Group - Mitsubishi joint venture for construction and operation of $100m+ Port Bonython diesel fuel terminal, including FEED study, build, terminal services, terminal lease and shareholders agreements
- Preparing numerous construction contracts for Craig Mostyn Group, including construction contracts for:
- multiple abalone farm extensions in several locations across Australia, including at Australia's largest abalone farm
- multistage expansion of Western Australia’s largest pig abattoir, including new buildings and plant upgrades
- multistage construction of large commercial piggeries at Mogumber (six large buildings)
- multistage expansion of Western Australia’s largest meat and poultry waste rendering facility, including plant upgrades, new water treatment plant and new rendering line
- refit of the Group’s head office in Fremantle
- Preparing construction contract documents for Tier 1 international data centre operator for multi site upgrade program across Australia
- Advising Scott Park Group for many years in relation to corporate and construction matters
- Advising subcontractors supplying equipment and services to major resources projects including Inpex Icthys, Rio Tinto (various Pilbara), FMG Cloud Break, BHP Newman, and Main Roads WA projects (various in Western Australia)
- Preparing contracts for construction of a grain ship loader and heavy duty hopper, including dealing with cross border payment and security issues
- Preparing construction contracts for WA based premium home builder
- Preparing joint venture agreement for construction joint venture
- Preparing shareholders agreement for home building company
- Prepare construct and leaseback agreement for major plant hire company
- Advised CCM Group in relation to various construction related matters
- Advised Diab Engineering in relation to various construction related matters
- Prepared granny flat agreement for various clients
Williams + Hughes has significant experience advising in relation to construction related disputes, payment claims and debt recovery. Click here for more details
Mergers & Acquisitions
Make an Enquiry
At Williams + Hughes we advise on all aspects of buy and sell agreements, in both private and public spheres. Our lawyers adopt a strategic approach to mergers and acquisitions, working closely with our clients and their advisors to ensure the best commercial outcomes.
We have worked with many publicly listed companies buying other companies and projects, including mining projects, joint venture interests and farm-in arrangements.
We are specialists in advising private and family groups in buying and selling assets and businesses.
We have significant expertise in stamp duty and transfer duty advice and structuring of M&A transactions from a duty perspective.
Williams + Hughes’ lawyers regularly present lectures and seminars to The Law Society and other professional bodies in relation to complex M&A issues.
Services provided include:
- Developing Term Sheets /MOU’s and deal structuring advice
- Legal due diligence
- Negotiation and execution of M&A agreements - including asset sale agreements, share sale and purchase agreements, option agreements and farm-in agreements
- Advising on employment issues arising from a merger or acquisition
- Project managing M&A deals from inception to completion and post-merger matters
- Advising on property and security related matters, such as lease assignments and removal of PPSR registrations
Click to view
Our notable transactions include:
- Numerous M&A deals involving mining and exploration companies. Click here for further information
- Advised the sellers on the sale of the Harvey Fresh businesses to Parmalat
- Acting for Fogarty Wine Group, WA’s largest wine producer, on numerous acquisitions, including Evans & Tate brand purchase and transactions with McWilliams
- Acted for the sellers of Perth’s largest independent pathology business (Perth Medical Laboratories) to Australian Clinical Laboratories (private equity owned)
- Acting for buyer of Titan Digital and Titan Brand businesses (120 staff across Australia and South Africa), including all sale and related transaction documents
- Advised sellers of Tier 1 mining and energy software company, including negotiating settlement of pre-existing IP claims against business, advising on IP and IT warranties and indemnities
- Acted for sellers of Conducive, a leading Western Australian systems integrator, selling to ASX listed Empired
- Advised founders of Plexal Group (oil and gas services) on sale to SPIE Oil and Gas Services SAS (France)
- Acted on the sale of the St Ives Group to the Royal Automobile Club
- Acted on the sale of a South Australian medical technology company to an ASX listed Alcidion
- Acting for Craig Mostyn Group in numerous acquisitions and divestments including:
- assisting with aspects of the acquisition of a large interest in V&V Walsh
- acquisition of Jade Tiger, Australia’s largest abalone farm
- acquisition of Australian Seafoods (abalone and rock lobster) in Dover, Tasmania
- acquisition of Fertal rendering business
- divestment of Fataway business
- Acted for Coogee Chemicals on the acquisition of the Townsville Acid Terminal
- Advised Aspermont Limited in relation to a large M&A transaction
- Assisting the purchaser in a $7 million acquisition of a vineyard property and and business located in Margaret River
- Advised sellers of Diab Engineering to BGC Contracting
- Acted for Coogee Chemicals on the acquisition of chlor alkali business of Elite Chemicals
- Acted for the seller of HPC Data Centre to ASX listed Amcom
- Advised Northern Rivers Teatree in relation to Maincamp transaction
- Advised sellers of Stantons International accounting practice
- Advising Perth based software company on acquisition of software product/platform from international oil and gas company
- Advised buyer of Fastvue, a Silicon valley based software business, including reviewing IP ownership arrangements
- Advised sellers of Orelogy, a leading Western Australian mining software company, including tidying up pre-sale IP ownership
- Advised sellers or buyers of numerous software and IT businesses not mentioned above, including Fastart Sdn. Bhd, Maptek and others
- Acted for sellers of Wild Geese International (oil and gas safety and induction training) to ASX Listed Site Group International
- Acted for sellers of Ecologia to ASX-listed RDG
- Acted for buyer of minority shareholders in Bang Online! business
- Conducting audits for various clients as part of due diligence investigations for M&A transactions, including reviewing processes in relation to the creation, exploitation and protection of IP rights
Corporate Advice, Business Services & Commercial Contracts
Make an Enquiry
We provide the full suite of corporate and commercial legal advice to businesses in Australia and overseas. Our experience means we deliver legal advice that is commercially astute. Whether reviewing procurement contracts, negotiating business agreements or planning commercial strategies with our clients, our lawyers deliver legal expertise with commercial acumen.
Our expertise in this area includes advising in relation to:
- Commercial and corporate legal matters
- Contract review and preparation
- Terms and conditions, supply agreements, distribution agreements, etc
- Employment issues and service contracts
- Directors' duties
- Workplace safety
- Intellectual property
- IT contracts
- Buying and selling businesses and companies
- Commercial property and leasing
- Resources and industrial projects
- Capital raisings
- Due diligence for stock exchange listings
- Bank and syndicated debt agreements
- Franchise agreements
- Business and entity structuring and succession planning
- Transport, plant and equipment and logistics contracts
- Construction contracts, including subcontractor agreements
- Contaminated site issues and environmental liabilities
- Competition and ACCC issues
- Insolvency advice
- Debt recovery
Click to view
Our notable and relevant experience includes:
- Advising Coogee Chemicals in relation to a multi-decade chlorine supply agreement with major industrial customer, including negotiation of supply and related agreements
- Advising Coogee Chemicals in relation to industrial technology joint venture with CSIRO, including relationship and commercialisation agreements
- Advising in relation to numerous transport and logistics agreements for carriers and customers throughout Western Australia, including Sadliers, Aurizon, Craig McDonald, AGL, Crane Worldwide, Gap Logistics, International Logistics, Damien Cole Group, Faststar, Kreuger Transport, Countrywide, Centurion, Stevens and others
- Prepared and presented an ACCC Compliance Policy and Training Program to senior managers for a large Australian agribusiness across three states
- Advised Coogee Chemicals in relation to long term chemical supply agreements with global titanium dioxide manufacturer
- Reviewing and advising in relation to numerous franchise agreements
- Acted for numerous companies to prepare or review consulting agreements
- Prepared directors and officers insurance, indemnity and access deeds for numerous clients
- Advised numerous clients in relation to redundancy and termination of employment
- Acting for numerous companies to prepare employment contracts for senior executives and line employees
- Acting for Coogee Group to prepare all fuel storage and terminal lease agreements
- Acting for Lionel Samson Group on numerous commercial transactions across transport, wine and packaging sectors
- Prepared plant hire agreements for several clients in Western Australia, including Titan Plant Hire and Coates Hire
- Acted on behalf of clients who were defrauded by their financial advisor, securing a payment from the institution that employed the financial advisor
- Prepared shareholder and partnership agreements for a syndicate that owns several supermarkets
- Advised in relation to various partnership restructurings
- Prepared legal agreements or various business and property investment syndicates
- Preparing terms and conditions (T&C’s) for small, medium and large suppliers across a range of industries, including food services, manufacturing, pork production, seafood, marine services, mining services, marketing, website development and more
- Prepared numerous shareholder and subscription agreements for small and medium business
- Prepared numerous trust deeds (unit trust, discretionary trust, bare trust) for small, medium and large businesses
- Acted as escrow agent for Wave Park Group in relation to capital raising for construction of surf park in Melbourne
- Advised on restructuring of Borello Beef Group
- Numerous M&A deals. For further information see Mergers & Acquisitions
- Numerous contracts and transactions for resources, mining and exploration companies. For further information see Mining, Exploration & Mining Services
- Extensive property and leasing related work. For further information see Commercial Property Sales & Leasing
- Numerous construction related agreements. For further information see Construction Contracts & Subcontracts
Agribusiness, Aquaculture & Farming
Make an Enquiry
We have significant experience acting for agribusiness owners, including commercial fishing companies, wineries, piggeries, abattoirs, abalone farmers, broadacre farmers and agricultural suppliers.
Our commercial expertise includes negotiating, drafting and enforcement of key contracts including supply, sale and purchase agreements, supply chain management and organisational structuring.
We advise across all key Western Australian agricultural sub-sectors including wine, fishing, grain, dairy, fruit, aquaculture, livestock and forestry.
Our agribusiness expertise includes:
- Preparing and reviewing agribusiness agreements including sharecropping, agistment, leasing, crop lien, financing, supply and other agreements
- Advising on agribusiness ownership structures, including complex farming partnership arrangements
- Advising on agribusiness acquisitions, including asset sale and purchase agreements, land and business sales and leasing
- Advising in relation to employment and workplace health and safety
- Advising in relation to sale and purchase of livestock, fishing quotas and permits (including lobster and abalone) in Western Australia and Tasmania
- Advising in relation to viticulture and winery related matters
- Advising on construction contracts for farm expansions
- Preparing water rights agreements
Click to view
Our notable and relevant experience includes:
- Advising the sellers of the Harvey Fresh businesses to Parmalat
- Advising privately owned Craig Mostyn Group on numerous matters including:
- aspects of the acquisition of a large interest in V&V Walsh
- construction contracts for multistage expansion of Western Australia’s largest pig abattoir at Linley Valley
- construction contracts for expansion of commercial piggery in Mogumber
- construction contracts for expansion of Western Australia’s largest meat and poultry waste rendering facility in Hazelmere
- acquisition of Jade Tiger, Australia’s largest abalone farm. Subsequently prepared construction contracts for the major expansion of the farm and buildings
- acquisition of Australian Seafoods (abalone and rock lobster) in Dover, Tasmania. Subsequently prepared construction contracts for the expansion and upgrade of farm facilities
- construction contracts for expansion of Dunalley abalone farm
- acquisition of Fertal rendering business
- divestment of Fataway business
- Acting for Fogarty Wine Group, WA’s largest wine producer, on numerous acquisitions, including Evans & Tate brand purchase and transactions with McWilliams, purchase of winery assets and vineyard properties, financing transactions, etc
- Advising Kailis Family interests on various agriculture related transactions
- Advised in relation to sale of Clarevue Farms to Feng AO (Australia) Agricultural Group Pty Ltd
- Prepared and presented an ACCC Compliance Policy and Training Program to senior managers for an Australian agribusiness with offices in several states
- Advised in relation to restructuring of Borello Beef Group
- Advised founders in relation to formation and structuring of WA Beef Council
- Acted on the acquisition and disposal of various high value agriculture and winery properties to local and overseas buyers
- Advising a pastoralist regarding reciprocal water rights and access to water infrastructure with a neighbouring property
- Advising clients on exiting a complex multi-party partnership arrangement involving the ownership of a large pastoral station on the Nullabor Plain
- Acted for seller of five farming properties in Great Southern, including all farming machinery and equipment
- Advised numerous farming clients in dispute with their banks
- Advised farming family in relation to intergenerational transfer of broadacre farms in Esperance, in a stamp duty effective manner
- Advised several broadacre farmers who sold farms to offshore investors
- Advised in relation to establishment of New Caledonia fishing venture
- Advised numerous wineries in relation to distribution agreements, PPSR issues, packaging contracts, etc
- Advised in relation to Warrawagine Cattle Co partnership matters
- Advised Stone Axe Pastoral Company (wagyu beef) in relation to various commercial matters
- Acted on disposal of interests in Summit Fertiliser businesses to Sumitomo
At Williams + Hughes we have more than 30 years’ experience advising a range of charities and not-for-profit organisations. Many of our Principals have experience as Board members of charities. We understand the distinct commercial and legislative requirements of this sector and are well placed to deliver advice on practical solutions for charitable and not for profit organisations.
We have experience in advising charities on governance; registering with the Australian Charities & Not for Profits Commission (ACNC); tax concessions, DGR status, compliance and other matters.
The services we provide in this sector include:
- Advising Boards on corporate governance and compliance;
- Structuring, establishing and transitioning for not-for-profits and charities;
- Securing charitable status and tax concessions for charities;
- Negotiating settlements on behalf of charities and private clients in relation to disputed estates;
- Applying for probate for charities and not-for-profit organisations; and
- Establishing school scholarship funds and obtaining Designated and Gift Recipient (DGR) status.
Our work includes:
- Acting for two leading Perth private schools in:
- establishing Scholarship and Bursary Funds and obtaining DGR status for those funds
- advising the Schools and their Foundations on their Constitutions and governance matters
- Acting for a school in regional Western Australia in establishing a school Foundation
- Completing the re-structure of a leading Western Australian heath related charity from an association to a company limited by guarantee and obtaining DGR status as a public ancillary fund
- Assisting charities in re-structuring including changing from an association to a company limited by guarantee
- Advising religious orders
- Undertaking the Western Australian element of a national restructure of a religious order and its property holdings and obtaining exemption from stamp duty
- Advising well known national and local charities on estates and disputes concerning estates and applying for letters of administration with the will annexed on behalf of charities where the executor does not wish to act
- Acting pro bono for the Dogs Refuge Home (WA) Inc, one of Perth’s oldest animal charities