Gary Lanham Special Counsel

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1 Gary prepares more than 100 wills annually (including tailored provisions relating to complex testamentary trusts, effective dealings with superannuation death benefits, and other testamentary provisions which are responsive to clients' personal and business structures). He has drawn in excess of 6,000 wills and 2,000 enduring powers of attorney and advance health directives. He has conducted extensive estate litigation over 30 years dealing with challenges to the validity of wills, Family Provision, interpretation of wills, applications against erring executors, applications to appoint trustees for sale or partition, applications for advice and direction by executors and trustees. In the area of superannuation, Gary has drafted amendments to trust deeds to accommodate legislative change, amendments to shore up binding death benefit nominations in self managed funds, and advised on and adapted wills and enduring powers of attorney for more effective application in the superannuation environment. He has also advised on superannuation regulatory aspects, including Responsible Superannuation Entity licensing and conducted successor fund transfers (including defined benefit funds). EXPERTISE BRISBANE T M F RELATED SERVICES Tax Private Client and Tax Compliance Services Not for Profit Areas of expertise include: Main Bio Gary has dealt with all succession related matters great and small, advising individuals and families on their wills and estate planning for more than 40 years. A leading estate and trust practitioner and one of a small group of specialists in Succession law accredited by the Queensland Law Society, Gary is also one of only two approved Estate Account Assessors available to be appointed by the Queensland Supreme Court. [This regime, a rewrite of part of Uniform Civil Procedure Rules, outsources assessment of deceased estate and trust accounts away from the Court Registry, to private, qualified solicitors, since He was the first person appointed under those changed rules to examine a set of estate accounts.] Gary's extensive experience includes: conduct of more than 75 Supreme Court cases relating to wills, estate administration and family provision;

2 acting as executor; appointed by the Supreme Court as administrator to resolve troubled estates; procedures required to obtain reciprocal recognition of testamentary instruments from one jurisdiction to another; conduct of the first Queensland application to define the Court's (then) new power to admit words to the will; conduct of the appeal to the Queensland Court of Appeal to (then) define the proper limits of step-child eligibility in Family Provision; conduct of an application to establish and define the audit-like role of the Registrar in passing estate accounts for the purpose of assessing commission; and disputes and court assisted estate administrations to advise on the techniques to avoid disputes. Clients rely on Gary for advice relating to enduring powers of attorney (substitute decision making), superannuation, and not for profit structuring, as well as broader issues relating to complex drafting, trustee's duties, estate and trust tax, and perpetuities. Gary is a member of the Society of Trust and Estate Practitioners, which has members in all the major estate and trust jurisdictions throughout the world. He is the current Chair of the Queensland Law Society Succession Law Committee and the past Chair of the Queensland Law Society Succession law Specialist Accreditation Advisory Committee. Not for Profit Gary has expertise in not-for-profit structuring for charitable giving through public charities and creation and operation of ancillary funds. He has established a number of Private Ancillary Funds (previously Prescribed Private Funds), advised on and processed applications for charity sanctions (or equivalents) for Private Ancillary Funds in Queensland and other states, and advised on structuring to seek both tax exemption and deductible gift recipient status. Qualifications B.Com, LLB PAGE 2

3 Admissions QLD Professional Memberships and Affiliations Member of the Society of Trust and Estate Practitioners, which has members in all the major estate and trust jurisdictions throughout the world Awards and Recognition Recommended, Wealth Management and Succession Planning - Best Lawyers: 2012, 2013, 2014, Other Activities Gary co-authored the curriculum and marks papers for the specialist accreditation program in Succession Law PUBLICATIONS & MEDIA Minter Ellison Alert Access to not-for-profit tax concessions subject to meeting 'special conditions' 30 August 2012 To be entitled to income tax exemption (ITE) and deductible gift recipient (DGR) status, most entities (other than specifically endorsed DGRs and ITE entities prescribed as exempt under regulations) need to satisfy special 'in Australia' conditions - including having a physical presence, making governing decisions and expending certain funds in Australia, and being a not-for-profit entity. Minter Ellison Alert Proposed personal liabilities for persons on the governing body of a charity or not-for-profit entity 30 August 2012 On 23 August 2012, the Government introduced into the House of Representatives the Australian Charities and Not-For-Profits Commission Bill 2012 to establish the Australian Charities and Not-For-Profits Commission (ACNC) as a regulator of charities registered with it from 1 October The ACNC's regulatory powers are expected to be expanded over time to regulate other not-for-profit entities. PAGE 3

4 Minter Ellison Alert Australian Charities and Not-For-Profits Commission to commence operations on 1 October August 2012 On Wednesday 15 August 2012 the House of Representatives Standing Committee on Economics released a report on draft legislation to establish the Australian Charities and Not-for-Profits Commission (ACNC). The report recommends that the draft legislation be passed subject to a number of amendments being made. Therefore, at this stage, the ACNC is expected to commence operations on 1 October A definition of charity: Minter Ellison's submission to Treasury 20 December 2011 Minter Ellison has made a submission to Treasury on the Treasury Consultation Paper 'A Definition of Charity'. The submission includes some general comments on the proposed reforms and addresses a number of specific questions raised by Treasury in its consultation paper. Queensland passes Civil Partnership Bill 14 December 2011 On 30 November 2011, the Queensland Parliament passed the Civil Partnership Bill. It will come into force on a date yet to be proclaimed. Alert Release of Exposure Draft Legislation for the Australian Charities and Not-for-Profits Commission 14 December 2011 The Government has released for public comment exposure draft legislation, the Australian Charities and Not-for-Profits Commission Bill 2012, to establish the Australian Charities and Not-For-Profits Commission (ACNC) as a statutory authority to commence operations on 1 July The exposure draft legislation, explanatory memorandum and accompanying fact sheets can be found under the Not-for-profit Reform section. Comments on the exposure draft (ED) legislation are due on 20 January Alert A step towards a 'one-stop shop regulator' for not-for-profit entities 13 December 2011 The Government has released a Consultation Paper seeking public views on the introduction of a standardised principle based governance framework for all not-for-profit (NFP) entities. The rules will overhaul existing governance rules for all NFP entities and will require a review of their existing constituent documents for compliance with the new rules. The PAGE 4

5 rules will be administered by the Australian Charities and Not-for-Profits Commission (ACNC) when it commences operations on 1 July Alert A proposed statutory definition of 'charity' 7 November 2011 The government has released a Consultation Paper on a proposed introduction of a statutory definition of 'charity'. The proposal will affect many not-for-profits and foundations that seek concessions (such as federal tax concessions), and forms a part of the wider regulatory reform of the not-for-profit sector signalled in the May Budget for the 2012 income year. PAGE 5