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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

09 May 2018 - Blog

Holding Redlich’s expert guide to the 2018 federal budget

#Corporate & Commercial Law

Our experts analyse the key budget announcements and outline the essential takeaways for business in areas including transport, superannuation & financial services, construction & infrastructure, property, technology, media & communications, workplace relations, immigration, planning & environment, and taxation. 

01 May 2018 - Blog

Loan establishment fee deemed to be a penalty by the Victorian Court of Appeal

#Corporate & Commercial Law

The Victorian Court of Appeal provides clarity in Melbourne Linh Son Buddhist Society Inc v Gippsreal Ltd [2017] VSCA 161 on what constitutes an unenforceable penalty.

04 April 2018 - Blog

ASIC publishes estimates of new levies that organisations will pay

#Corporate & Commercial Law

New laws came into effect on 1July 2017 changing the way ASIC is funded. Under the new arrangements, any entity that is regulated by ASIC will now need to pay a levy for the financial year...