Kyle Costigan

Kyle is a well practiced corporate and commercial lawyer with expertise in front and back end matters relevant to businesses. Kyle is also able to assist with general Wills and Estate matters, particularly those for business owners seeking to plan the succession of their business.

Throughout his career, Kyle has always taken a client-centric approach to his practice in acting for a diverse range of entities, including high net worth individuals, ASX listed companies, small companies, liquidators, and trustees.

With a meticulous and analytic approach to matters, Kyle is persistent and highly motivated in delivering comprehensive and commercially mindful advice.

Kyle draws on his prior experience in a purely litigation role to provide well-rounded advice and support to clients that considers the practical aspects of contract enforcement and the effect of contractual terms in the unlikely event of a dispute.

Kyle’s recent experience includes:

• Advising on a matter where the executor resided overseas and the deceased passed intestate, despite there being assets that the testator expressed a desire to be passed to particular beneficiaries
• Advising on a matter where the deceased passed overseas intestate, leaving an estate in both Queensland and overseas, requiring collaboration with lawyers overseas to ensure the precise application of foreign succession laws
• Advising on estate administration matters with intricate debt positions, requiring robust negotiations with creditors
• Advising on estate planning matters where the testators had multiple companies and trusts
• Acting in family provision application matters using a pragmatic approach that favours out-of-court resolution and preserving estate assets
• Acting for and advising directors of large corporate groups regarding restructuring and quarantine of risk
• Facilitating a favourable settlement for the lessee, an Australia-wide service provider, in a contractual interpretation dispute regarding a multi-million-dollar agreement to lease
• Assisted in preparing an adjudication application in a multi-million-dollar payment claim dispute against an international mining company, involving complex submissions covering statutory, contractual and equitable grounds
• Drafting supplier terms for a variety of businesses, including transport and logistics providers
  Assisting with multiple business and asset sales, including comprehensive due diligence, drafting of special conditions, and contract review
• Defending and commencing debt recovery claims, breach of contract claims and shareholder disputes
• Drafting and negotiating settlement agreements
• Advising multiple lending entities on enforcement of mortgage and PPSA securities
• Advising on AML/CTF compliance and completing AML/CTF audits for national companies
• Drafting loan and security documents for private lenders and mezzanine lenders and attending to settlements for refinancing of facilities
• Obtaining probate and acting in the administration of deceased estates.

• Finalist – Banking & Finance Team of the Year, Lawyers Weekly Australian Law Awards 2024
• Finalist – Banking & Finance Team of the Year, Lawyers Weekly Australian Law Awards 2023