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Staying in Control of Your Life with Salerno Law

Staying in Control of Your Life with Salerno Law
“Please note that the information contained in this article strictly deals with Western Australian Law”

For many people, not being in control of the decisions they make if a terrible accident or medical issue arises that leaves you unable to make decisions for themselves is their worst nightmare.  Thankfully, under Western Australian legislation you can safeguard yourself from this by taking steps to have legal documents prepared to protect your future.

For instance, if tomorrow you were in a car accident and suffered a severe brain injury leaving you unable to communicate or make decisions for yourself, you would be relying on others to make decisions for you about your medical treatment.   However, if you were to have an Alternative Health Directive prepared for you, you would be able to set out the treatment options that you want, if specific medical conditions arise, and have this set out in one legally binding document that your doctors must follow.  This is particularly important in situations where you are concerned that your loved ones may make emotional decisions that approve painful life saving treatments, in circumstances where you would otherwise refuse this treatment if you could make the decision for yourself.

Alternatively, if you trust your loved ones not to make the right decisions for you, then you can appoint them as your approved decision maker(s) under an Enduring Power of Guardianship, where they could then make decisions on your behalf regarding your lifestyle, personal life, and health.  You can also have an Enduring Power of Attorney prepared, where you can appoint people that you trust to make decisions regarding your finances and property.

Regardless of whether you have health concerns or are simply getting a little older, it is crucial that you set in stone what you want to happen and who will make decisions for you if the worst is to happen, so you can have peace of mind in these situations.

Please contact us at our Kununurra office and we would be happy to discuss these documents with you and help you determine which are right for you, so you stay in control of your future.
T: +61 8 9169 2206  | E: admin@salernolaw.com.au

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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.