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Craig Gibson

principal lawyer, commercial | not-for-profit | tax

meet Craig

about Craig

Craig is a principal in the commercial and tax team at MK, with a wide breadth of expertise in the areas of corporate governance, structuring and taxation.

As a recognised leader in State taxes, Craig’s practice sees him advising a range of clients – from ASX listed property trusts to high-net-worth individuals – on project structuring, stamp duty, land tax, GST and income tax.

Craig also drives the not-for-profit group at MK, which brings together a range of broader teams across the firm to facilitate a seamless and full-service legal offering for our not-for-profit clients. Craig brings his expert understanding and outcome-oriented working style to oversee the firm’s in-depth regulatory compliance reviews (in particular, of schools and public benevolent institutions) and regulatory investigations. He also has extensive experience in advising not-for-profits on M&A transactions and restructures.

Craig’s clients benefit from his substantial client and industry knowledge, helping to implement a commercial mindset that ensures clients are better placed to achieve their objectives, with a focus on mitigating regulatory risks unique to their industries. Whilst understanding the complexity of the areas Craig advises in, his clients value his approach in ensuring the assistance he provides is practical, timely and solution-oriented.

“Macpherson Kelley’s NFP team under Craig Gibson provide a wonderful 360-degree legal service, where I feel that no matter what legal need arises, they have superior legal expertise to readily assist with practical and strategic advice that takes into account our unique business needs as an NFP in a heavily regulated sector.” – C Care Inc director, Shlomo Nathanson

Areas of Expertise

not-for-profit and charities
taxation (GST, stamp duty, land tax and municipal rates and levies)
corporate governance
corporate and commercial
education
trusts
asset protection and restructuring
property development
valuation law

industries

not-for-profit
property development
education
accountants

leadership positions

deputy chair of the victorian state taxes committee of the tax institute

recent experience

  • regulatory compliance, governance review and restructure of a leading indigenous corporation

    Acting for the highest-earning Indigenous Corporation in Australia (over $100 million in annual income), Craig provided significant corporate governance and regulatory compliance advice, and oversaw and designed the reorganisation of the subsidiary group having regard to significant tax, stamp duty, and practical considerations, working with key regulators to achieve a smooth outcome for the client.

  • covid-19 charity advocacy

    Throughout the COVID-19 pandemic, Craig has been an advocate for numerous charities, having regular contact with the ACNC to get traction on the issues impacting charities in the current environment. Craig directly lobbied the government to achieve legislative reform to benefit charities so they can hold member meetings and AGMs safely without breaching their constitution requirements.  Craig also regularly advised charities on the holding of remote Annual General Meetings during COVID-19 and navigating an anomaly in the Corporations (Coronavirus Economic Response) Determination (No 1) 2020 which meant that the legislation introduced to allow companies to hold virtual meetings did not apply to certain charitable entities.

     

  • education law

    Craig acts for various schools, both in Victoria and nationally. This sees him regularly communicate with each State’s school regulators that have oversight of non-government school’s license to operate, such as VRQA and NESA. Whether it’s a religious private school or a unique school offering alternative sports education, Craig assists these clients navigate the complex not-for-profit requirements, school registration, accreditations and audits, property ownership disputes, as well as the day-to-day commercial operations of the school.

  • governing legislation update

    Craig advised a major charity established as a statutory body corporate, through the update of its governing legislation. This matter saw Craig liaising with Parliamentary legislative draftsmen, providing comments on core concepts relative to the client’s operations, as well as reviewing and commenting on the draft Bills circulated. With Craig’s assistance, the client’s lobbying updates saw the passing of more practical and flexible governing legislation for the client’s future operations.

  • land tax – recovery and structuring

    Craig provided strategic advice to an ASX-listed property corporation during the COVID-19 pandemic, which saw it achieve significant land tax reductions and refunds, and identified an ability to seek retrospective contribution by tenants.

  • valuation dispute

    Craig assisted a Melbourne CBD property holder contest the validity of a supplementary valuation received following their public reported acquisition of the building, successfully arguing that the Valuer-General acted opportunistically and beyond their power in seeking to reassess the property in line with the acquisition price.  The outcome saw the client save close to a million dollars in otherwise payable council and fire service levy rates.