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Construction and Disputes Property and Commercial Tax, Trusts and Super Wills and Estate Planning
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Boutique law firm · Melbourne · Building & property

Boring legal stuff,
done brilliantly

Construction contracts, security of payment claims and building disputes — for builders, property developers, trades and subcontractors.

Built for builders,
developers, and what you build.

Kallan Lawyers is a boutique Melbourne firm built on three decades across building, accounting and the law. We act for builders, property developers, trades and subcontractors — drafting contracts that hold up, getting payment claims paid, and resolving disputes before they swallow a project.

And because building wealth doesn't stop at the site, we handle the structures around it too: trusts, self-managed super, commercial leasing and coordinated estate plans. The same firm, the same direct lawyer access, across the whole project.

Fixed fees where we can, fast turnaround as a default, and a lawyer who actually picks up the phone.

For builders & property developers

Payment. Contracts.
Defects. Disputes.

When a job goes sideways, you need a lawyer who already understands progress claims, retentions and the Security of Payment Act — not one learning it on your invoice. We act fast and commercially to keep projects moving and money flowing, from a single fixed-price build to a multi-stage development.

See how we help builders & developers →
What we handle

Building, construction & development

  • Security of Payment (SOPA) claims & adjudication
  • Building & construction contracts
  • Development & site acquisition structuring
  • Joint ventures & landowner agreements
  • Variations, EOTs & progress claims
  • Defect & rectification disputes
  • Subcontractor agreements
  • Commercial leasing & contracts
  • VCAT & litigation
Get in touch

Talk to us about a matter.

Routine document, complex piece of advice, or a dispute that needs moving, send through the details and we'll be in touch.

Office105 Hoddle Street, Collingwood VIC 3066
HoursMon–Fri, 9am–4:30pm
Home/Services
Services

What we do.

Practice areas drafted and advised on by lawyers who specialise in this work.

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Home/Services/Tax and Structuring
Practice area

Tax and Structuring.

Advice on the tax consequences of how you hold, operate and transfer your assets.

General tax advice

Income tax, CGT, GST, FBT, payroll tax. Advice on specific transactions, ongoing strategy, or one-off questions where you need a lawyer's view rather than only an accountant's.

Structuring business transactions for tax efficiency

How a transaction is structured changes how it's taxed. We work through the legal and tax mechanics together, sale, restructure, group reorganisation, asset transfer, dividend strategy, so that what you sign is also what gives you the result you want.

Who we work with

Business owners and family groups with operating entities, holding structures, trusts and SMSFs. Accountants who need a lawyer who actually understands the tax implications of the documents being drafted.

Tax advice at Kallan is informed by extensive prior practice as a CPA, the technical detail isn't learned from a textbook.

Structuring at establishment

How you set up matters far more than how you change later. We advise on the structure that fits your business model, your asset protection needs, your succession plans and your tax position, and draft the documents that match the advice.

Restructures and Rollovers

Growth, family transitions, divorce, partner buy-outs, generation handovers. We act on the legal mechanics and the tax outcomes together, small business rollover, scrip-for-scrip, intra-group asset transfers.

Division 7A

Loans between related parties, unpaid present entitlements, deemed dividends. Drafted to current ATO benchmark interest rates and minimum repayment requirements.

CGT and Small Business Concessions

The 15-year exemption. The 50% active asset reduction. The retirement exemption. The rollover. We advise on which apply, which don't, and what the documents need to say to support the claim.

We work across both tax and structure, so you don't have to translate between your accountant and your lawyer.
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Home/Services/Trust Law
Practice area

Trust Law.

Discretionary, unit and hybrid trusts. Establishment, variations, vesting, trustee disputes.

Trust deeds we draft

Discretionary (family) trusts, unit trusts, hybrid trusts. Each tailored to the structure, appointor and default beneficiary mechanics, distribution flexibility, vesting provisions, not pulled off a generic template.

Variations and Vesting

Most trust deeds get amended at some point, to extend the vesting date, fix outdated rules, address bloodline restrictions, or accommodate new circumstances. Done wrong, a variation triggers a CGT event. We draft variations that don't.

Appointor mechanics

The appointor is often the most powerful position in the trust, and the least understood. We advise on succession of appointor, restrictions on power, and how the will needs to coordinate with the deed.

Trustee and Beneficiary disputes

When the relationship breaks down, siblings disagreeing on distribution, a removed appointor, an unwanted beneficiary, we act on the dispute through to resolution.

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Home/Services/Self-Managed Super
Practice area

Self-Managed Super.

Establishment, deed updates, BDBNs, contribution and pension strategies, and SIS Act advice.

Establishment

Full SMSF establishment pack, deed, trustee minutes, member applications. With corporate or individual trustee.

Deed updates

Older deeds rarely accommodate current strategies. We update deeds to enable contribution splitting, pension commencement, segregation, BDBNs, and recent regulator positions.

BDBNs and Succession

Binding death benefit nominations that hold up. Coordinated with the trust deed, the will, and the broader estate plan.

Contribution strategies

Bring-forward, downsizer, catch-up concessional, recontribution. The strategies are about timing, deed mechanics, and the consequences for the member's death benefit.

SIS Act compliance

In-house assets, related-party transactions, sole purpose, arm's length. When the line gets close, we provide the written advice you can put on file.

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Home/Services/Companies
Practice area

Companies.

Constitutions, shareholder agreements, share classes, capital raises, and disputes.

Constitutions

Pty Ltd constitutions tailored to the structure, replaceable rules considered, special share classes, dividend access shares, director loan provisions, drag-along and tag-along rights.

Shareholder agreements

The constitution governs how the company operates. The shareholder agreement governs how the shareholders operate together. Capital calls, transfer restrictions, exit triggers, valuation methodology, deadlock resolution.

Share class structuring

Dividend access shares, redeemable preference shares, A and B class structures for family-owned businesses, employee share plans. Drafted with the tax outcome in view.

Director and Shareholder disputes

Oppression, deadlock, removal of directors, capital raising disputes, valuation disagreements.

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Home/Services/Wills and Estate Planning
Practice area

Wills and Estate Planning.

A will alone leaves you exposed. We prepare estate plans as coordinated packs at three levels.

Why a coordinated pack

A will alone leaves you exposed. The decisions that matter, who manages your money if you lose capacity, who makes medical decisions, what happens to your trust appointorship, who controls your SMSF death benefits, sit in three or four other documents, not the will.

We prepare these as a single coordinated pack. Drafted together so they don't contradict each other. Reviewed together so the structure does what you intend.

A will tells the world what to do with your assets. The other documents tell the world who decides while you're still here, and what happens to the structures you don't personally own.

Three levels available

Standard in every pack, Will, Enduring Power of Attorney (Financial), and Medical Treatment Decision Maker appointment. The tiers below differ in how much coordination they include with your other structures.

Simple

For straightforward estates, no business interests, no trusts, modest assets passing to immediate family.

  • Will
  • Enduring Power of Attorney (Financial)
  • Medical Treatment Decision Maker
Order this pack ↗

Comprehensive

For substantial estates, testamentary trusts, asset protection clauses, business succession.

  • All Detailed inclusions
  • Testamentary trust(s)
  • Asset protection clauses
  • Business succession provisions
  • Letter of wishes
Order this pack ↗

Testamentary trusts

A testamentary trust gives the surviving family flexibility (income splitting, asset protection from creditors and family law claims) that a direct gift never can.

Contested estates

We also act on family provision claims, contested wills, and disputes over trustee or executor conduct.

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Home/Services/Construction and Disputes
Practice area

Construction and Disputes.

Security of payment claims, defect rectification, contract disputes, and litigation.

The work

Building disputes need lawyers who can read the documents and the work. We act on construction matters, for builders, owners, head contractors and subcontractors, through to resolution.

Construction matters at Kallan are informed by direct experience as a registered builder. Having stood on the site means we read the dispute the way you do.

Defect and Contract disputes

Residential and commercial. Defect rectification claims, variations, payment, scope, delay claims, termination, abandonment, back-charges.

Security of payment claims

Security of Payment claims under the Building and Construction Industry Security of Payment Act are the fastest path to recovery for unpaid progress claims. We act both pursuing and defending. Adjudication, judgment and enforcement.

Construction contracts

Contract review and negotiation before you sign, head contracts, subcontracts, consultancy agreements, design-and-construct.

Litigation

VCAT, Magistrates' Court, County Court, Supreme Court. Through to settlement, judgment or enforcement.

Construction enquiry

Tell us about the matter.

Building disputes move quickly. Send through the details and we'll be in touch.

Direct line03 9970 1878
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Home/Services/Property and Commercial
Practice area

Property and Commercial.

Property development and site acquisition structuring, commercial and retail leasing, incentive deeds, loan and partnership agreements, contracts.

Property development

We act for developers across the life of a project — site acquisition and the entity you hold it in, option and put-and-call arrangements, joint venture and landowner agreements, development and construction contracts, and the leasing or sale of the finished asset. Because the building, tax and structuring sides sit with the same firm, the structure, the contract and the dispute risk get read together.

Commercial and Retail leasing

Strong leases. Prepared quickly. Designed for maximum landlord protection.

Most commercial leases on the market are written for "balance", which in practice means the landlord absorbs more risk than necessary. We draft leases that hold the line: enforceable rent review mechanics, robust default and termination provisions, security and bank guarantee requirements that work, make-good obligations that survive lease end, and personal guarantees that survive corporate failure.

If you're a commercial tenant.

We know the other side. We understand the darkness you're about to enter.

We don't typically act for tenants on lease negotiations (the conflict is usually too live), but if you've been handed a lease and want a candid second opinion before signing, call us.

Loan agreements

Division 7A compliant intra-group loans, family loans, related-party loans. From $275 inc. GST.

Order a Division 7A loan agreement →

Partnership agreements

For unincorporated partnerships including professional practices. From $880 inc. GST.

Contracts

Commercial contracts of various kinds, supply, distribution, services, joint ventures, confidentiality.

Commercial enquiry

Tell us about the matter.

Lease, loan, partnership, contract, or commercial dispute, send through the details and we'll be in touch.

Direct line03 9970 1878
Home/Order documents
Order documents

Order documents online.

Drafted by a lawyer. Reviewed against current legislation. Delivered in 1–2 business days. Fixed fee. Invoiced on completion, no payment upfront.

Trusts

Trust reviews, deed variations, vesting and trustee/appointor changes — keeping existing trusts current with the 2026 changes. Establishment too.
New

Trust review / health check

Fixed-fee review of your deed and structure against the 2026 trust changes — what needs varying, vesting, or leaving alone. Enquire to start.

From $440 inc. GST2–3 days

Discretionary trust

Family trust pack — deed, settlor execution, trustee consents, beneficiary register. Optional corporate trustee.

From $330 inc. GST1–2 days

Unit trust

Unit trust with unit holder register and trustee minutes. Optional corporate trustee.

From $330 inc. GST1–2 days
Coming soon

Fixed trust

Fixed percentage entitlements, no units — for two-person business arrangements or parent-controlled structures where beneficiaries can't force a sale.

TBC1–2 days

Trust with child sub-trusts

Discretionary trust that activates sub-trusts for each child on death of the primary beneficiaries. Fixed percentages, optional bloodline limitation.

From $1,100 inc. GST2–3 days

Specialist & bloodline trusts

Bloodline trusts, family protection, foreign-resident considerations, mixed-use, and bespoke deeds. Fixed-fee quoted in writing.

Quote on enquiry2–5 days

Bare trust (SMSF LRBA)

Custodian holds legal title, SMSF holds beneficial interest. Optional new custodian company set-up.

From $550 inc. GST1–2 days

Deed of variation

Vary a discretionary, unit, or SMSF deed — change trustees, appointors, beneficiaries, foreign-person exclusions, vest early, issue new units.

From $440 inc. GST1–3 days
Coming soon

Remove / appoint trustee or appointor

Deed of removal and appointment for trust officers. Bespoke to each deed — current trust deed required.

TBC2–3 days
Custom drafting

Tailored work, on quote.

Some documents are too matter-specific to fit a fixed-fee catalogue. We also draft shareholders agreements, buy-sell agreements, sale of business agreements, and other bespoke commercial documents on a tailored basis. Tell us about the matter and we'll quote in writing before any work starts.

Get in touch →
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Document order

Company set-up pack.

Constitution, consents, share certificates, members register, first meeting minutes.

The full multi-step order form lives here.

The detailed company order form (with conditional fields, role assignment, share allocation, ABR check, consent generator, and 14-day save-and-resume) is built and ready, kept separate so this preview file stays a manageable size. It will be integrated on deployment.

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Main site/For Accountants
For accountants

The lawyer accountants actually want to call.

We get tax. We get structures. We pick up the phone. Kallan operates as an extension of your firm, the technical legal team you'd build internally if you could.

Why this exists

The gap accountants describe.

Accountants we talk to consistently describe the same gap, and it's a real gap, not a marketing one.

Big firms don't fit.

Slow, expensive, and partners hand you off to someone junior who doesn't know your client. By the time advice comes back the deal has moved on.

General practice firms don't either.

They'll draft the document, but they can't talk through Division 7A, the CGT event on vesting, or whether the trust deed actually says what your client thinks it says.

And every week, work falls through that gap.

Deals miss their window. Documents get lodged with the wrong structure. Advice arrives a month late, after the client has made a decision without it.

The proposition

An extension
of your firm.

Not a panel firm you send work to and wait. We have a templated document catalogue for the standard work, and we draft customised agreements and advice when the matter calls for it. The dedicated legal team your firm doesn't have.

  • A lawyer on the phone, the same day

    No portals, no tickets.

  • The technical depth your work demands

    Trust Law, SIS Act, Division 7A, CGT, structuring, informed by extensive prior practice in tax and accounting.

  • Fixed fees, fast turnaround

    Standard documents in 1–2 business days.

  • White-label friendly

    Co-branded, or sent under your firm's letterhead.

  • Built around your firm's rhythm

    Tax time, year end, BAS quarter, we understand your calendar.

Order documents

Same catalogue. Working with us.

The same online document catalogue as the main site, available to your firm with the option of co-branded or white-label delivery.

Document 01

Company set-up pack

Constitution, consents, share certificates, members register, first meeting minutes. ASIC fee included.

From $825 inc. GST1–2 days
Document 02

Discretionary trust deed

Family trust establishment with optional corporate trustee company.

From $330 inc. GST1–2 days
Bespoke

Specialist & custom trusts

Bloodline, family protections, asset holding, embedded child trusts, and bespoke deeds. Quote in writing first.

Quote on enquiry2–5 days
Document 03

Unit trust deed

Unit trust establishment with unit holder register and trustee minutes. Optional corporate trustee.

From $330 inc. GST1–2 days
Document 04

SMSF establishment

SMSF deed with optional corporate trustee, ATO Trustee Declarations, member applications.

From $275 inc. GST1–2 days
Document 05

SMSF Property Holding Trust (Bare Trust)

Bare trust for SMSF property under an LRBA. Custodian holds legal title, SMSF holds beneficial interest. Optional new custodian company.

From $550 inc. GST1–2 days
Document 06

Binding Death Benefit Nomination

SMSF death benefit nomination compliant with SIS. 3-year lapsing or non-lapsing (subject to deed).

From $110 inc. GST1 day
Document 07

Changes / Variations

Variations to trust and SMSF deeds, add/remove members, change trustees or appointors, issue new units, foreign person exclusions.

From $440 inc. GST1–3 days
Document 08

Wills pack

Estate planning pack with will, EPOA (Financial), and Medical Treatment Decision Maker. Three tiers, Simple, Detailed, Comprehensive.

From $550 inc. GST2–7 days
Document 09

Loan agreement (Division 7A)

For loans from a private company to a shareholder or associate. ATO benchmark rate, s 109E repayments.

From $220 inc. GST1–2 days
Browse all documents
Working with us

Get in touch.

Anyone in your firm can reach us directly, partners, managers, accountants, support staff. Same business day response, no gatekeeping.

Direct line03 9970 1878

A few details and we'll be in touch.

Main site/For Advisers
For financial advisers

The legal team behind the advice.

Estate planning, SMSF establishment, binding nominations, bare trusts and structuring. The technical legal documents your statements of advice trigger, drafted fast and accurately, ready for execution.

Why this exists

The gap advisers describe.

Advisers we talk to consistently describe the same gap, and it's a real gap, not a marketing one.

You triggered the need, but you can't draft.

Your SoA recommends a binding nomination, an SMSF, a testamentary trust. The advice is yours, the document needs a lawyer. By the time the client finds one, the strategy can lose momentum.

General firms don't know super and estates.

They'll prepare a basic will, but ask about reversionary pensions, non-lapsing nominations, the deed permission test, or s 67A LRBA structures and the conversation gets thin.

Your client doesn't want to manage two relationships.

When advice and legal sit in separate boxes, the client carries the coordination burden, and the strategy slows down or drops out altogether.

The proposition

An extension
of your advice practice.

Not a panel firm you send work to and wait. The legal documents and technical advice arm your practice doesn't need to build internally. Templated documents for the standard work, customised drafting when the matter calls for it.

  • A lawyer on the phone, the same day

    No portals, no tickets.

  • Depth in superannuation and estates

    SIS Act, regulation 6.17A, LRBAs and bare trusts, testamentary trusts, EPOA and MTDM, BDBN compliance.

  • Coordinated drafting when matters compound

    SMSF deeds aligned with binding nominations aligned with wills, drafted as one matter.

  • Fixed fees, fast turnaround

    Standard documents in 1, 2 business days.

  • White-label friendly

    Co-branded, or sent under your practice's letterhead.

Working with us

Get in touch.

Anyone in your practice can reach us directly, advisers, paraplanners, support staff. Same business day response, no gatekeeping.

Direct line03 9970 1878

A few details and we'll be in touch.

Main site/For Real Estate
For real estate agents

Leases drafted in days, not weeks.

Commercial and retail leases, lease assignments, lease variations and incentive deeds. Landlord-positioned, prepared fast, ready to send.

Why this exists

The gap agents describe.

Agents we talk to consistently describe the same gap, and it's a real gap, not a marketing one.

Deals stall waiting on legals.

You've found the tenant, agreed heads, the landlord wants to sign. Then weeks pass while the legal sits in someone's queue. Tenants walk, deals die.

Generic leases leave landlords exposed.

Make-good clauses that don't survive lease end. Personal guarantees that fall away on company failure. Rent review mechanics that don't actually trigger. We see it constantly.

Variations and assignments are an afterthought.

Mid-lease changes, rent abatements, incentives, assignments — most firms treat them as low-priority. We treat them as the same priority as a new lease.

The proposition

Quick,
and good.

Most commercial leases on the market are written for "balance", which in practice means the landlord absorbs more risk than necessary. We draft leases that hold the line — enforceable rent review mechanics, robust default provisions, security and bank guarantee requirements that work, make-good obligations that survive lease end, and personal guarantees that survive corporate failure.

  • Same-day starts

    Send the heads of agreement in the morning, draft back the next day for most matters.

  • Strong landlord positioning

    Drafted to protect the asset. Make-good, personal guarantees, default, rent review and bank guarantees all hold up.

  • Retail Leases Act compliant

    Disclosure statements, prescribed terms, RTA-compliant outgoings — done right the first time.

  • Assignments handled fast

    Deeds of assignment, consents, release of guarantor, novation. Standard turnarounds in 1, 2 days.

  • Variations and incentive deeds

    Rent abatements, incentive deeds, mid-term variations, option exercises, surrenders. Same speed as a new lease.

  • Direct phone access

    No portals, no tickets. Anyone in your agency can call us directly.

Working with us

Get in touch.

Anyone in your agency can reach us directly — agents, principals, property managers, support staff. Same business day response, no gatekeeping.

Direct line03 9970 1878

A few details and we'll be in touch.

Home/For Builders & Developers
For builders & property developers

For builders & developers.

A lawyer who already understands progress claims, retentions and the Security of Payment Act — and who's stood on the site.

What we do for the industry

Payment. Contracts.
Defects. Disputes.

From a single fixed-price build to a multi-stage development, we act fast and commercially to keep projects moving and money flowing. Builders, developers, head contractors, trades and subcontractors.

Construction & disputes →
What we handle

Building, construction & development

  • Security of Payment (SOPA) claims & adjudication
  • Building & construction contracts
  • Development & site acquisition structuring
  • Joint ventures & landowner agreements
  • Variations, EOTs & progress claims
  • Defect & rectification disputes
  • Subcontractor agreements
  • Commercial leasing & contracts
  • VCAT & litigation

Why builders use us

Building disputes need lawyers who can read the documents and the work. Construction matters at Kallan are informed by direct experience as a registered builder — 150+ homes and multiple commercial buildings. Having stood on the site means we read the dispute the way you do.

Across the project

Contracts before you sign, payment claims when you're owed, defects and variations when scope shifts — and the commercial side of a development too: site acquisition structuring, joint ventures and landowner agreements, and the leasing or sale of the finished building. One firm, direct lawyer access, fixed fees where we can. See Property & Commercial →

Building enquiry

Tell us about the matter.

Building disputes move quickly. Send through the details and we'll be in touch.

Direct line03 9970 1878
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Home/Services/Tax, Trusts and Super
Practice area

Tax, Trusts and Super.

Tax and structuring, trust law, and self-managed super — one team across the structures business owners and families rely on.

Tax and structuring

Income tax, CGT, GST, Division 7A, small business concessions and restructure rollovers. Advice on the tax consequences of how you hold, operate and transfer assets — including the structures behind a development.

Trust law — reviews, variations and vesting

With the 2026 trust changes, most of this work is keeping existing structures current. We review, amend and modernise deeds so the trust you already have still does what you need:

  • Trustee changes — removal, retirement and appointment of trustees; individual-to-corporate trustee transitions
  • Appointor & guardian changes — succession of control, removal and replacement
  • Beneficiary amendments — adding or excluding beneficiaries; foreign-person exclusions for duty and land tax
  • Deed updates & modernisation — bringing older deeds up to current law, streaming and distribution powers
  • Variations & vesting — extending or bringing forward vesting dates, deeds of variation
  • Reviews & health checks — a fixed-fee read of your deed against the 2026 changes

We draft new discretionary, unit and hybrid trusts too — but the priority is making the most of the structures you already hold.

Self-managed super

SMSF establishment, deed updates, binding death benefit nominations, contribution and pension strategies, and SIS Act compliance.

Order documents online

Trust and SMSF documents you can order directly — drafted by a lawyer, reviewed against current legislation, delivered in 1–2 business days, fixed fee.

Vary / modernise a deed ↗ Change trustee or appointor ↗ New discretionary / unit trust ↗ SMSF establishment ↗ BDBN ↗ See all documents →
Tax, trust & super enquiry

Tell us about the matter.

Send through the details and we'll be in touch.

Direct line03 9970 1878
Home/Insights
Insights

What we're thinking about.

Notes on technical changes, court decisions, and structuring questions that come up in our work.

Home/Who we are
About

Who we are.

A builder who became a lawyer — three decades across building, accounting and the law.

We've stood on the site.

Kallan Lawyers is a boutique Melbourne firm for the building and property industry — contracts, payment claims and disputes — with deep structuring, super and estate expertise behind it.

The firm draws on three decades across three professions, but it's the 16 years as a registered builder that shapes how we work. The principal delivered more than 150 homes and multiple commercial buildings before bringing that experience to the law. We've run the progress claims, managed the variations, chased retentions and dealt with the defects — so when a building matter lands on the desk, there's nothing to explain from scratch.

Before building came 15 years as an accountant and CPA running a practice, which is why the tax and structuring behind a development is second nature too.

It's a rare combination. The instinct for what matters in a building dispute comes from having been the builder. The technical depth in tax and structures comes from years of doing the work.

Background one
16 years

Registered builder

150+ homes and multiple commercial buildings delivered. Defects, variations, progress claims and SOPA — seen first-hand, on site.

Background two
15 years

Accountant and CPA

Running an accounting practice. CPA Australia member. Tax structures and Division 7A were the daily work, not a textbook.

Practice today
Lawyer

The current firm

Both prior careers, brought to the legal work for builders and developers.

We work with builders, developers and trades on the contracts and disputes that keep projects moving, and with business owners and families on the structures and estate planning around them. We also act as a quiet legal partner behind accountants and advisers when their clients need one.

What we stand for

  • Built from the site up
  • Speed without compromise
  • Fixed-fee certainty
  • Technical depth
  • Plain-English advice

Full principal profile and photograph coming soon.

Home/Privacy
Privacy

Privacy Policy.

How we collect, hold, use and disclose your personal information, in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

Home/Terms
Terms

Website terms and order terms.

The terms that apply when you use this website and when you order documents online from Kallan Lawyers.