In this Case Study, we present a summary of recent work our firm was involved in which saw us represent our client in the High Court of Australia. Case Study: VELLA and Ors v COMMISSIONER OF POLICE (NSW) & ANOR [2019] HCA 38 Area of Law: Constitutional Law and Administrative Law Birchgrove Legal acted in […]
The importance of Charitable Purpose
The purposes for which a charity operates are among the most important issues over which the ACNC can choose to review and take action against an organisation. In this Insight, we explore the importance of “Charity Purpose” and why it is important to amend your Governing Document in case your purpose changes. As mentioned in […]
Compliance Reviews by the ACNC
The ACNC announced earlier this year that it plans to review 500 charities this year. In this Insight, we explore what the ACNC will be investigating, and what NFP organisations need to be aware of. In a statement earlier this year, the Australian Charities and Not-for-profits Commission (ACNC) indicated that it planned to review approximately […]
Charitable Fundraising in NSW
The Charitable Fundraising Act 1991 was enacted to regulate public fundraising for charitable purposes in New South Wales. This Insight piece summarises what is covered by the Act and the requirements in order to fundraise for charitable purposes in New South Wales. The Charitable Fundraising Act 1991 was enacted to regulate public fundraising for charitable […]
COVID-19 and issues in the workplace
With organisations now re-opening their doors and re-implementing physical workplace arrangements, many have had to adapt their day to day operations. In this Insight, we explore key considerations for organisations and employers. A primary consideration for employers is the health and safety of their employees. Public health authorities have announced that the most effective method […]
Eligibility for charity registration with ACNC
There are several factors to consider before setting up and applying to register a charity. In this Insight, we discuss the Australian Charities and Not-for-Profits Commission (ACNC) registration process, including some of the challenges, traps and pitfalls you may face in achieving registration. Registration of your charity can confer several benefits, including: Eligibility to apply […]
Partial Temporary Relief from ACNC compliance requirements for charities during COVID-19
The COVID-19 pandemic is affecting charity operations in several ways. Domestic charities face: increased demand for their services in the health, childcare, education and care sectors in both the health impact phase and ensuring economic recession; hampered fundraising efforts and distribution of services to those most in need; and additional demands on charity management and […]
Covid-19: Considerations for Independent Schools (Factsheet)
With a rapidly changing situation at hand, we present a summary of the key considerations independent schools need to take into consideration as they consider re-opening in the next phase of the COVID–19 pandemic. Term 2 will begin as it finished in Term 1. The majority of NSW students will be learning from home. Schools […]
Temporary Amendments to the Corporations Act 2001 & ATO Relief
On 22 March 2020, the Australian Federal Government announced its plans to make temporary changes to the corporations and insolvency laws amidst the expected difficulties and challenges to be faced by businesses in light of the COVID-19 pandemic. The changes are intended to limit the liability of directors for insolvent trading where debts are incurred […]
Can a Charity’s Board Member be remunerated?
This is an inquiry we get often from our NFP sector clients. Remuneration of Board members in NFP organisations can take different forms, such as: Payment for work as board members; Payment as an employee of the charity; and Payment for services rendered to the charity (e.g. in a professional capacity). Depending on the entity […]