Future-Proofing the Farm: Succession, Carbon Deals and Commercial Disputes – 3 program recorded conference highlights series

Program 1: Passing On the Farm: Legal Strategies for a Smooth Generational Handover

For many farming families, keeping the farm in the family is a deeply held aspiration, but without careful planning, that dream can unravel into disputes, resentment, and costly litigation. This session unpacks the tools and legal strategies that can help rural families achieve generational transfer with fairness and clarity, while managing competing interests and avoiding future fallout. We’ll explore:

• Whether the farm should be transferred during life or through the estate: key tax and legal considerations
• Balancing contributions and expectations: managing “fair” versus “equal” among children
  • Dealing with estranged children or blended family dynamics
  • Recognising on-farm contributions vs. off-farm lifestyles
• Pre-empting conflict: how to use family meetings, deeds of family arrangement, and clear communication
• Practical will-drafting and structuring tips for farming families
• Real-life examples and case studies from the field

Program 2: Carbon Farming: Turning Soil into Credits

Carbon farming is emerging as both a revenue opportunity and a legal minefield for rural landholders. For lawyers advising in this space, the challenge lies in cutting through the schemes, contracts and untested rights to ensure clients are properly protected. This session will explore the following:

• The Emissions Reduction Fund and Australian Carbon Credit Units scheme:
  • what is involved
  • what documents are required
  • what to look for when clients are approached to sign up
  • timeframes to receive benefits
• Practical ways in which carbon can be sequestered on rural properties and the legal issues which can arise in relation to each:
  • soil carbon projects
  • vegetation management
  • securing carbon sequestration against title
• Case examples to illustrate some of the legal concerns yet to be judicially tested:
  • rights to stored carbon underground
  • dealing with native title and types of land tenure and aggregation activities

Program 3: Misleading and Deceptive Conduct: The Regional Practitioner’s Survival Guide

From farm sales and water rights to local business deals, allegations of misleading and deceptive conduct can be devastating for regional clients. With livelihoods and community relationships at stake, these claims demand careful pleading, evidence and strategy. This session explores how ACL claims are unfolding in rural and regional contexts and the practical steps practitioners can take to protect their clients and their practices.  This session will cover:

• Common scenarios giving rise to ACL claims in regional practice, including farm sales, livestock, water rights and small business transactions
• Recent case law highlighting how courts are treating misleading and deceptive conduct in these contexts
• Strategic pleading: when to run ACL claims alongside breach of contract or misrepresentation
• Remedies and damages: proving loss and avoiding overreach in high-stakes disputes
• Defensive strategies when acting for clients accused of misleading conduct in rural or regional transactions