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Expertise

Kylie is a partner in the Corporate and Commercial Group. She is an experienced succession planning law expert and a Self Managed Superannuation Fund Professionals’ Association of Australia Ltd Accredited SMSF Specialist Advisor.

Kylie works closely with advisors to prepare compliant solutions for a diverse range of individual clients with complex structures as well as rural and business clients and families with diverse dynamics. 

She has been awarded the SPAA CEO Scholarship and the SMSF Association Prize for the Professional Certificate in Self-Managed Superannuation Funds from the University of Adelaide Business School.

Experience

Kylie’s key areas of expertise are as follows:

Succession Planning

  • advice and implementation of asset protection, stakeholder and business succession arrangements
  • high level inter-generational rural and business succession planning including specialised tax and revenue advice and structuring for long term family succession arrangements 
  • drafting, review and amendment of trust deeds including removal of beneficiaries 
  • trust litigation 
  • tax and other revenue advice including advice regarding the small business CGT concessions in relation to a variety of transactions
  • estate planning, including:
    • preparation of wills including testamentary trusts
    • rural succession planning including sale of livestock and plant using section 70-100 and Division 40 elections (ITAA 97)
    • review of financial strategy statement of advice and application to estate planning objectives
    • share splits to give effect to control of company entities on death
    • updating SMSF trust deeds and advising on compliance issues arising out of review during the estate planning process
    • providing advice regarding the necessity of having a binding financial agreement for the purpose of estate planning for blended families and in business and rural succession
    • updating precedents to reflect changes in legislation or tax rulings.
  • estate administration, including:
    • applications for probate 
    • asset and liability identification 
    • advising executors in relation to their duties
    • beneficiary identification
    • advice and application to the Supreme Courts of both Queensland and New South Wales for statutory Wills, rectification of wills, construction, testamentary capacity and undue influence.

Corporate

  • Group restructures (contentious and non-contentious)
    • asset sale agreements
    • share buy-back arrangements
    • share-split arrangements
    • replacement asset rollover and share buy-back arrangements to tax effectively transition unpaid present entitlements between entities.

Commercial

  • advice in relation to limited recourse borrowing arrangements
  • advice in relation to super splitting
  • group restructures including complex amendments to discretionary trust deeds to remove beneficiaries without resettlement and application for family trust exemptions under the Duties Act Qld 
  • joint venture negotiations and agreements
  • partnership agreements 
  • business succession agreements
  • partnership dissolution and restructuring 
  • shareholders agreements, preparation and review
  • Supreme Court matters relevant to proprietary estoppel, minority shareholder issues and misleading and deceptive conduct in family business disputes.


Publications

12 November 2019 - Knowledge

Use of chemicals in the workplace: Are you complying with Queensland’s work health safety laws?

#Agribusiness

Chemicals have long been used in primary production. But these chemicals can be dangerous and increased enforcement of Queensland's work health safety laws mean that the safe use, handling, and storage of chemicals in the workplace is more essential than ever.

28 October 2019 - Knowledge

When a will is not the way...

#Corporate & Commercial Law

For inter-generational family businesses, considering the protection of assets for the next generation, making a bequest in a will may seem like the best option. A growing issue however, is the possibility of business viability being destroyed by claims made against estate assets after death of a parent.

03 December 2018 - Knowledge

Australia’s renewable energy boom - what does it mean for rural land owners and operators?

#Corporate & Commercial Law, #Renewable Energy

As the renewable energy sector continues to take centre-stage internationally – and is now one of the fastest growing industries in Australia - we continue our series of articles about the industry with an in-depth look at how the rural sector is dealing with the boom.