Tim Hayter

Principal

Ph: (08) 9921 6040

Email: thayter@midwestlawyers.com.au

Tim has practiced exclusively as a commercial lawyer for over 20 years initially in Perth law firms and more recently in Geraldton.

He established Mid West Lawyers in Geraldton in 2011. In 2017 Mid West Lawyers opened a Perth office.

Tim has advised on a large number of commercial matters and disputes, especially in relation to business, property, agribusiness, property, wills and estates.

He has a proven track record of delivering results to clients, especially in relation to more complex commercial transactions and disputes.

Tim has a particular interest in agribusiness, primarily due to both sides of his family being involved in agribusiness for several generations.

In 2019, Tim was ranked as a “Preeminent Agribusiness Lawyer – Western Australia, 2019” (Top 2 in W.A.) by Doyle’s Guide.

Tim’s more recent experience includes:

  • Advising in respect of a share sale, lease, employment matters and privacy laws in relation to a national franchise;
  • Advising a farmer in relation to the 180-megawatt Warradarge Wind Farm to be constructed on their land near Eneabba, with a project value of up to AUD500 million and which is recognised as one of the best renewable projects in Australia;
  • Advising in relation to capital raising and structuring for a commercial property development;
  • Acting for landlords and tenants in relation to leasing matters;
  • Acting for executors, beneficiaries and claimants in relation to Family Provision Act claims;
  • Advising farming families in relation to farm succession and the Duties Act;
  • Advising various high net and corporate clients in relation to estate and business succession planning;
  • Advising agribusiness clients in relation to asset protection and restructuring;
  • Advising in relation to business, company and shareholder disputes;
  • Advising agribusiness clients in relation to disputes concerning the sale of farmland, farm leases, sharefarming agreements and trusts.

Professional Experience

Tim has a broad range of commercial experience in the following areas:

Key Experience

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.
  • Advised client on sale of shares and property in national franchise.

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.
  • Advised landowner in relation to the 180-megawatt Warradarge Wind Farm to be constructed on land near Eneabba, with a project value of up to AUD500 million and which is recognised as one of the best renewable projects in Australia.

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:

  • 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:

  • 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.

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.

Professional Memberships

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/

Ranked as a “Leading Agribusiness Lawyer – Western Australia, 2018” (Top 5 in W.A.) by Doyle’s Guide: https://doylesguide.com/leading-agribusiness-lawyers-western-australia-2018/

Ranked as a “Leading Preeminent Lawyer – Western Australia, 2019” (Top 2 in W.A.) by Doyle’s Guide: https://doylesguide.com/leading-agribusiness-lawyers-western-australia-2019/

Professional Career History

Allion Legal (formerly Michael, Whyte & Co), 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)