Commercial and Business Law

We know Commercial and Business Law

Commercial and Business Law

We apply our business experience to our clients’ matters.

Emma Salerno has a wealth of experience from operating her own businesses as well as her national and international experience in the practice of the law. Emma’s resume includes commercial and in-house experience in the United States, in addition to operating her own businesses across Australia. Having commercial interests in the northern beef cattle industry and being the Vice-Chair of the Kimberley Pilbara Cattleman’s Association, Emma has extensive experience representing members of the pastoral industry.

Emma regularly acts for several large corporates in Agribusiness. Her clients include property developers and construction companies in the eastern states throughout complex developments. Emma also represents the interests of internationally based clients ranging from the US, the UK as well as Asia with respect to their commercial interests in Australia. Emma is adept in problem-solving, a skill that she applies to any area of the law in which she practices. As an accredited mediator, she is regularly engages in the context of negotiation or mediation to resolve complex commercial disputes or to effectively establish solid cooperative relations between people or organisations that avoid future conflicts.

As a lawyer, Darren managed a legal practice of 30 practitioners. As an entrepreneur, Darren has developed a number of businesses in which he retains an equity interest.

For example, Darren raised A$7.5m of capital injection for a manufacturing business based in Queensland, of which Darren holds a substantial equity interest. The capital was raised through a combination of bank debt, private equity and a substantial Government grant.

Both Emma and Darren have held Director positions with private, public and ASX listed companies as well as business councils and charity boards.

We Can Help With

Our Experience

Advising on all types of project approvals for over 100 mining, renewables, oil and gas, property development, manufacturing and retail projects.

Business structuring and restructuring to create capital funding and exit strategies for over 50 separate investments.

Obtaining government grant, tariff protection and Favoured Nation Status for a manufacturer for nonwovens fabrics based in Ipswich, Queensland.

Assisting in due diligence, agreement negotiation and tendering for over 50 projects throughout Australia.

Acted for this client twice in the purchase of the same rural pub (both the freehold land and the business). The first transaction did not proceed after due diligence issues arising during protracted contract negotiations. Some years later, the client subsequently entered into negotiations to purchase the pub a second time (with the subsequent owner) which led to successful completion. This involved the review and negotiation of the sale contract.

Acted for a client for the freehold and business purchase of a Springbrook Café through the client’s SMSF. This involved establishing a new company and a Bare Trust to facilitate the limited recourse borrowing scheme, reviewing and negotiating the sale contract, and drawing up a premises Lease between the client’s 2 entities.

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Litigation and dispute resolution

Litigation within the agribusiness sector refers to legal disputes and court actions that arise in connection with agricultural operations. These cases often require in-depth understanding of both the legal system and the unique regulatory landscape of agriculture. Our firm has extensive experience with the full gamut of legal disputes such as:

The key areas that we can assist with include:

  • Contractual Issues: Disagreements often arise from contracts involving supply chains, land leases, share farming, agistment arrangements, partnerships, joint ventures, and various other commercial agreements typical in the agricultural industry.
  • Land Access and Compensation: Conflicts may occur over access to land for activities like mining, gas exploration, or infrastructure development, often involving compensation claims for landowners.
  • Workplace Disputes: Litigation may stem from matters such as wrongful termination, employment agreement breaches, or occupational health and safety concerns on farms or in agribusiness operations.
  • Environmental and Biosecurity: Disputes may be triggered by non-compliance with environmental regulations, pollution events, water contamination, animal and plant health including pest and disease control measures or debates surrounding water usage and rights.
  • Intellectual Property Rights: Conflicts might arise over ownership or use of agricultural intellectual property such as plant variety rights, trademarks, and other proprietary innovations.
  • Farm Succession and Inheritance: Disputes over the division of farming assets, family trusts, or the interpretation of wills often lead to litigation in the context of generational farm transfers.

Rural property acquisitions and sales

The purchase or sale of rural land involves a broad spectrum of legal considerations that require careful attention. Key issues often include legal access to the property, the existence of easements, water rights and entitlements, land zoning regulations, potential land contamination, and the impact of native title, mining interests, and cultural heritage protections. It is also essential to assess the tax implications of the transaction, particularly in relation to Goods and Services Tax (GST) and Capital Gains Tax (CGT).

Salerno Law has extensive experience navigating the complexities of rural property matters at local, national, and international levels. We provide comprehensive support throughout the entire transaction process—from initial due diligence and review of contractual documentation to stakeholder engagement and final settlement. Our goal is to ensure that every legal aspect is addressed thoroughly and efficiently, safeguarding your interests every step of the way.

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Acquisition and leveraged finance

Opportunities in a tightening market

Borrowers and lenders face increasing pressure as leveraged finance markets tighten in the face of higher interest rates, inflation and geopolitical uncertainty. To explore new opportunities at the outset of any deal, market participants require the support of experienced, detail-oriented advisers who understand the competitive and potentially complex nature of this sector.

Expert advisers with an innovative approach

Ashurst’s global leveraged finance team advises major financial institutions, private equity houses, alternative asset managers, mezzanine financiers and corporations. Leveraged finance is a core area of expertise for Ashurst. Our team has institutional knowledge across sponsors, credit funds and banks, which means we can streamline the process for you. We have experience in the full range of leveraged.