Team Members

Carly Ashwood

Special Counsel
Carly is a special counsel in our corporate and commercial team renowned for her practical approach to legal issues and dedication to her clients.

Carly is a special counsel in our corporate and commercial team renowned for her practical approach to legal issues and dedication to her clients.

With over 20 years of experience in the legal industry, Carly has established herself as a trusted adviser to businesses of all sizes. She regularly works with in-house counsel and other advisers to deliver legal advice to her clients and has been seconded in the role of in-house counsel on several occasions.

Carly specialises in a broad range of commercial and corporate law areas, including:

  • matters relating to the Corporations Act and ASIC
  • governing documents, including constitutions, shareholder and partnership agreements
  • share and asset acquisitions and disposals
  • restructures and business succession planning and advice
  • franchising
  • employee share schemes
  • trade marks and IP issues
  • software development agreements
  • terms of trade and commercial agreements with third parties
  • acting for non-bank lenders, advising on and documenting all aspects of their facility agreements
  • advising borrowers and guarantors on commercial finance agreements.

Carly also has a particular interest in not-for-profit and charitable organisations and regularly advises on the establishment and operation of such entities. She has previously been a board member of a charity that has provided more than 35 years of community service to Queensland families and is currently a board member of a charity with locations on the Gold Coast and in Brisbane providing assistance to disadvantaged families.

  • Solicitor – Supreme Court of Queensland
  • Bachelor of Laws (Honours) – Queensland University of Technology
  • Bachelor of Justice (Distinction) – Queensland University of Technology
  • Graduate Diploma in Legal Practice – Queensland University of Technology

Corporate and commercial

  • Providing legal advice, including tax and duty advice to a state government regulator over a number of years on all aspects of its business, including acquisition and disposal of assets (including from local councils), contracts with third parties, its constitution and corporate governance practices, dealings with industry stakeholders, state government departments and local councils, internal policies and procedures and application and implementation of legislation, including new legislation.
  • Advising on and documenting numerous employee share schemes.
  • Acting for a multi-jurisdictional motor vehicle dealer in a number of transactions, including the disposal of business assets and implementation of agreements to facilitate business succession.
  • Working with an international insurer of professional advisers in Australia to prepare documents to be used by its clients in their businesses.
  • Advising and negotiating significant loan agreements and refinance arrangements with banks for clients in a variety of industries including mining services, agriculture and motor vehicles.
  • Acting for non-bank lenders in respect of numerous and significant commercial finance agreements, drafting, advising on and negotiating facility documents, and acting on settlements and drawdowns.
  • Acting for a number of medical professionals in the acquisition and sale of practices, including disposals to large and listed corporate groups, providing advice on structuring issues including the use of service trusts and implementation of service agreements, and advising on commercial agreements with state health departments and commercial businesses for the delivery of medical services.
  • Advising on and preparing partnership, shareholder and unitholder agreements and advising on the dissolution of such structures and exit of key stakeholders.

Franchising

  • Preparing and advising on franchise documentation for franchisors and master franchisees in industries including retail food, health and fitness, personal and professional services and motor vehicles, including the preparation of master and end franchise documents and conversion of documentation for overseas and international systems to comply with Australian law.
  • Preparing and reviewing franchise documentation including disclosure documents and advising franchisors and franchisees on compliance with the Franchising Code of Conduct.

Not for profit

  • Providing advice to a number of not-for-profit and charitable organisations on wide-ranging legal issues including appropriate structures, eligibility for tax and duty exemptions and concessions, grants and funding agreements, fundraising legislation and compliance including with the requirements of ASIC, ATO, ACNC, AusAID and the Office of Fair Trading (and similar offices in jurisdictions outside of Queensland).
  • Advising overseas charities on the application of Australian law to their proposed Australian activities including advice regarding revenue treatment in Australia, application of the Corporations Act and matters relating to foreign ownership of assets under the Foreign Acquisitions and Takeovers Act and compliance with Foreign Investment Review Board requirements and guidelines.
  • Applying for tax concessions and endorsements for a number of not-for-profit and charitable organisations and preparing objections and appeals to ATO decisions.
  • Establishing and advising on a number of charitable trusts for clients to meet the philanthropic needs of their families.
  • Acting for numerous charities and not-for-profits in mergers and amalgamations.
  • Advising not-for-profits on grants, tenders, panel appointments and other government funding or service agreements.

Areas of Expertise

Publications

Passing on the giving gene – structuring family philanthropy to foster generosity for generations

There are numerous structuring options available to a family wanting to get involved in or increase its philanthropy.

What is a family foundation?

In this edition of It depends, special counsel Carly Ashwood continues our Not-for-profit and charities legal 101 series with an overview of family foundations.

Justine Woods and Carly Ashwood listed as Elite Women for 2024

Cooper Grace Ward is proud to announce that partner Justine Woods and special counsel Carly Ashwood have been recognised in Australasian Lawyer’s Elite Women report for 2024.