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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.

Kylie is listed in the Best Lawyers in Australia 2021 edition for Wealth Management / Succession Planning Practice. 

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

20 October 2020 - Knowledge

Family estate planning risks

#Private Client Practice, #Agribusiness

We consider a recent case which shows that providing financial support to an adult child may increase their likelihood of a successful claim against your estate.

20 July 2020 - Knowledge

High steaks: Fairyland dispute headed for the High Court

#Agribusiness, #Private Client Practice

A recent Queensland Court of Appeal decision illustrates the need for effective forward-planning to save farming families time and costs later.

23 June 2020 - Knowledge

Share farming arrangements: Asset or liability?

#Agribusiness, #Private Client Practice

Share farming arrangements can be a valuable arrangement for a primary producer who wants assistance in growing and managing their business, or for one who wants to grow their own business but lacks the capital to acquire land of their own. However, this arrangement can result in significant costs or an inequality in the share of any profits from the mutual arrangement if improperly drafted.

30 April 2020 - Knowledge

Secure now, pay later: Buying rural land during COVID-19

#Agribusiness, #Property & Real Estate, #COVID-19

With drought breaking in some areas of the country, more and more rural properties are being placed on the market following improving conditions and sale prices. Unfortunately with the current restrictions being imposed by COVID-19, it is not an easy time for buyers looking to purchase property. 

27 April 2020 - Knowledge

Pouring from an empty cup

#Agribusiness, #COVID-19

Parents may see their children suffering through this COVID-19 crisis and be tempted to offer, or be asked, to render financial assistance. Exercise caution, seek advice on any proposed help, and be careful not to let the instinctive pull of your parental protectiveness overwhelm your own necessities.

27 March 2020 - Knowledge

Alternative investments with self-managed super – is this too good to be true?

#Superannuation, Funds Management & Financial Services, #Private Client Practice

Construction funding has become more restricted over the last few years, leading property developers to seek out alternative means to get projects off the ground.

20 March 2020 - Knowledge

Planning for isolation

#Corporate & Commercial Law, #Private Client Practice, #COVID-19

Much has been made of panic buying as many Australians rush to protect their families from the perceived risk of dwindling supplies, whether that fear is reasonable or not. But what about protecting your family financially? Economic risk is not the only issue being faced.

10 March 2020 - Knowledge

Transfer of family businesses and transfer duty concessions

#Agribusiness

Traditionally family businesses have passed to younger generations through the process of succession. However, with an aging population, more and more families are looking for alternative ways to transition family businesses to younger generations during the life of their parents.

08 January 2020 - Knowledge

Buying and selling rural property in Queensland

#Agribusiness

The sale of rural property is unique. There are a number of key provisions that are required which are not contemplated by standard REIQ contracts of sale that must be addressed before a contract is signed.

10 December 2019 - Knowledge

Is your casual farm worker now a permanent employee?

#Agribusiness

Casual workers can be a fantastic resource for farmers ready to reap a bountiful harvest, or complete laborious one-off tasks on a property. 

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.