Tim Hayter (Principal)
Since being admitted in 1999, Tim has practised exclusively in commercial law at a number of well-respected law firms in Perth, Western Australia.
In August 2009 Tim and his wife, Nat, made the decision to make a sea-change and moved to Geraldton where Tim spent the first ten years of his life.
Encouraged by the demand for his commercial legal services, Tim made the decision to take over Allion Legal’s Geraldton practice on 14 October 2011 and merge with his father’s practice, Hayter & Co Lawyers, to create Mid West Lawyers.
Tim has a broad range of commercial experience in the following areas:
- Business and Commercial;
- Agribusiness and Rural;
- Property, Leasing and Settlements;
- Fishing and Aquaculture;
- Wills, Estates and Probate;
- No Win-No Fee Will and Estate Disputes;
- Disputes and Litigation.
Business & Commercial:
- Advised client in relation to complex share sale transaction for consideration in excess of $30,000,000 with additional earn out component.
- Advised client in relation to contract to provide services to a major resources project. This included advising on Vessel Rental Agreement, Charterparties, Shareholders Agreement, Unit Trusts, Employment Contracts, Acquisition of Vessel, Ground Lease, Jetty Licence and Local Government issues.
- Advised corporate trustee client in relation to raising of capital for the construction of office premises, including preparation of Information Memorandum, Unit Trust Deed, Unitholders Agreement and providing general corporate governance advice, together with tax and duty advice.
- Advised one of Western Australia’s largest fuel distributors in relation to a distribution agreement and deed of sale of equipment with one of Australia’s largest fuel suppliers.
- Advised client on the acquisition of a gold mine, including due diligence and review of Joint Venture Agreement, Farm-In Agreement, Option Deed, Royalty Deed, Compensation Agreement and Processing Agreement.
Agribusiness & Rural:
- Acted for numerous landowners in negotiating and advising on terms of various agreements with mining / resource companies, including Royalty Agreements, Exploration Agreements, Land Access Deeds, Leases, Transmission Line Works Agreements, Easement Deeds, Lay-Down Area Agreements, Deed of Settlement and Release.
- Advised client in relation restructure of a large tract of farmland and then the inter-generational transfer of some of the farmland to family members and trusts controlled by family members to attract the family farm exemption under the Duties Act, and the balance of the farmland to a SMSF to attract the member contribution exemption under the Duties Act.
- Advised clients with respect to the sale and acquisition of farmland, including due diligence enquiries, preparation and review of contracts for sale, and settlement.
- Advised various farming families / corporate groups in relation to the restructuring of farm assets and exempt family farm transactions under the Duties Act, including preparation of Deed of Family Farm Transfer, Discretionary Trust Deeds, Submissions to the Office of State Revenue and attending to settlement.
Property & Leasing:
- Advised client with respect to the acquisition of shopping centre and leasing of shops within the centre.
- Advised in respect of Tripartite Agreement (for construction of paediatric unit for hospital) and Builder’s Direct Agreement on behalf of private hospital operator, including conduct of negotiations with the State (Minister for Health) and a charitable organisation.
- Advised in relation to proposed Sub-Lease at a Commonwealth GP Super Clinic, including review of Head-Lease, Commonwealth Funding Agreement and Deed of Consent with the Commonwealth.
Fishing & Aquaculture
- Acted for client on the sale of fishing charter business and vessel, including review and negotiation of Sale Agreement, and acting at settlement.
Wills, Estates & Probate:
- Advised various high net clients with blended families and complex corporate structures in relation to estate planning.
- Acted for claimants, executors and beneficiaries in a number of family provision claims under the Family Provision Act 1972 (WA), including advising on more complex claims involving blended families and beneficiaries with disabilities, preparing Originating Summons and Affidavits in the Supreme Court of WA, attendance and representation at Supreme Court of WA Mediation Conferences, preparing and advising on Deeds of Settlement, as well as associated Consent Orders.
Disputes & Litigation:
- Acted for corporate group in relation to claims arising from a large scale property development.
- Acted for client in relation to the settlement of a farming partnership dispute.
- Acted for client in relation to rights under international Distribution Agreement, including intellectual property right advice.
Law Society of WA – Member
Mid West Chamber of Commerce & Industry – Member
Professional Qualifications and Awards
Bachelor of Laws (Bond University, Qld) – Awarded Certificate of Achievement in Commercial & Corporate Law Stream 1998
Barrister & Solicitor of the Supreme Court of Western Australia 1999
Barrister & Solicitor of the High Court of Australia 1999
Ranked as a “Leading Agribusiness Lawyer – Western Australia, 2017” (Top 7 in W.A.) by Doyle’s Guide: http://doylesguide.com/leading-agribusiness-lawyers-western-australia-2017/
Professional Career History
Allion Legal, Geraldton (Principal – Commercial – Rural & Agribusiness)
Jarman McKenna, Perth (Senior Associate – Commercial)
Tottle Partners, Perth (Senior Commercial Solicitor)
CCI Legal Pty Ltd – Chamber of Commerce & Industry of WA, East Perth (Commercial Solicitor)
M.J. Hayter & Co, Fremantle (Articled Clerk & Restricted Practitioner)