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Expertise

Kylie 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 to 2023 edition for Wealth Management / Succession Planning Practice for Queensland. 

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

30 March 2022 - Knowledge

When does the survivor under a mutual will agreement have trustee obligations?

#Private Client Practice

A recent case has provided a detailed analysis of the law on mutual will agreements and its effectiveness as an estate planning tool in modern blended families.

16 November 2021 - Knowledge

When your attorneys are not enduring

#Private Client Practice

When preparing an enduring power of attorney, who you choose to appoint is a critical decision.

18 October 2021 - Knowledge

Bank of Mum and Dad – a handout or a hand up?

#Private Client Practice

With parental financial assistance on the rise, we outline some common problems that parents face and discuss why it is important to seek legal advice before helping your children.

18 August 2021 - Knowledge

Families can fracture in dealing with arrangements for ageing parents

#Private Client Practice

A recent case demonstrates the challenges families can face with aged care arrangements.

22 June 2021 - Knowledge

When executors of your will fall out

#Private Client Practice, #Dispute Resolution & Litigation

A recent dispute between two executors of a will shows that conflict can result in increased costs and significant delays in administering a deceased estate.

19 May 2021 - Knowledge

Updates to Queensland’s Reef Protection Regulations: What your industry needs to know

#Agribusiness, #Planning, Environment & Sustainability

From 1 June 2021, new requirements will be introduced to Queensland’s Reef Protection Regulations to reduce land-based sources of water pollution from agricultural and industrial sources entering the Great Barrier Reef.

04 April 2021 - Knowledge

Documenting and reviewing business structure key

#Agribusiness

We examine the importance of documenting and reviewing family farm business structures.

02 February 2021 - Knowledge

Resolving family disputes: The true cost of doggedness

#Private Client Practice, #Agribusiness

A recent sibling dispute taken to the Queensland District Court provides another timely reminder that while you cannot choose your family, you can choose how you deal with them.

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.

Upcoming Seminars