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Commodity & Trading Law

Commodity & Trading Law

We know Commodity & Trading Law

Commodity & Trading Law

Our team has both personal and business interests in commodity trading, to back their legal experience and expertise across the spectrum of commodities.

For example, a team member has previously been a director of a nonwovens manufacturing business in Australia, involving both domestic and international commodity sales and “overs and unders” arrangements with other nonwovens manufacturers around the globe.

Darren worked for 3 years as an inhouse counsel with Arco Coal Australia Inc, working alongside its Marketing Team in relation to all coal commodity sales from the Kestrel and Curragh mines.

Darren also acted in a 66.432mt tonne Coal Sales Agreement arbitration with Stanwell and Gladstone power stations.

We Can Help With

  • commodity trading contracts
  • shipping contracts
  • agency and marketing arrangements
  • advising on trade structures, contract drafting, financing, litigation and arbitration
  • physical and derivative commodity contracts
  • long term supply projects (including pre-pay, off-take and term supply contracts)
  • day to day trading and operational issues, including standard form trading documentation

Our Experience

We act for an international commodity broker and trader in relation to international and domestic trading of a range of commodities.

Lead advisor in relation to all long term coal supply arrangements for the development of a coal fired power project of in excess of 600MW.

Acted on the development of a mine mouth coal supply arrangement for a coal fired power project of in excess of 1000MW. Being a mine mouth feed project where the whole of the coal mine’s production would be consumed by the one power station, the long term coal supply arrangements were more closely centred on period confirmation of remaining JORC reserves and control of work to maintain the required reserves.

Acted in relation to numerous commodity sales arrangements both in and outside of Australia, such as the long term gas purchase arrangements for the Gove Alumina operations, Bauxite and Alumina sales arrangements for Alcan, various mineral sales arrangements for Monto Minerals Ltd, gold and base metals arrangements in Australia and PNG.

Our People

Matteo Salerno

Matteo Salerno

Director

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Darren Fooks

Special Counsel

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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.