Our not-for-profit (NFP) practice provides clients with best-in-class, specialist expertise as well as a team that understands the details of their clients’ operations and the challenges they face.
Fill out the form below to see how we can best support you
The past decade has seen an unprecedented change in how the law deals with Non profit organisations. With a renewed focus on preventing financial mismanagement, governments have tightened regulatory procedures and, in the process, amplified the legal complexities of the sector. With the benefit of legal expertise, Not-for-profits can confidently navigate the various compliance procedures that they must adhere to.
Birchgrove Legal provides reliable and effective commercial legal advice and services with a personalised, boutique approach. We act for a diverse range of clients, from individuals to Not-for-profit organisations to large corporate entities. In our years of operation, we have developed strong contacts within both the business and legal communities and work closely with leading barristers and professionals.
We provide our NFP clients with a full range of legal advisory services with a guarantee of skill, knowledge, professionalism and – importantly – a dogged pursuit of their objectives and success.
We provide our not-for-profit clients with legal support across all areas, including:
Facing a crucial investigation by the NSW Education Standards Authority, our client was at risk of non-approval to operate over the coming year. A concurrent investigation carried out by the Commonwealth Department of Education and Training further risked the client’s operational status. This could have affected over 100 staff and 1500 students and resulted in significant costs to the client in the case of failure.
We assisted the client in reforming its policies, engaging expert consultants and drafted detailed submissions covering all necessary legal issues. Ultimately, both investigations were resolved with a renewal of the School’s registration and securing of funding into the future.
Due to concerns raised by NSW Fair Trading, an Association was at risk of cancellation. Known for its global influence, the Association’s mission involved providing aid and relief to poverty-stricken communities worldwide through housing for widows and orphans, building schools, orphan sponsorships, food distribution projects, clean drinking water and free healthcare. A cancellation of the Association’s registration would have affected not only the staff involved, but the communities being provided with the Association’s essential services.
We assisted the Association in reviewing its governing documents, policies and procedures, proposing reforms and assisting the Association with subsequent implementation. We then proceeded to draft detailed submissions to Fair Trading addressing the concerns raised. Ultimately, the matter was resolved, with Fair Trading accepting the detailed submissions provided and requiring no further response from the Association.
We were recently contacted by a charity that received a Notice of Intention to Revoke Charity registration from the ACNC. The issue related to an investment made by the Board, and whether it fell within the organisation’s charitable objectives. Whilst there is no issue with charities investing funds, the purpose behind the investment is meant to further the objectives of the charity e.g. the return’s made on the investment.
It is important for charities to have sufficient governance procedures in place to ensure that any decisions made relating to investments are appropriately scrutinised, with the decision-making process clearly articulated in the charity’s records. We assisted the charity in responding to the ACNC, which included drafting an investment policy which would set out a process to be followed for all future investments.
Copyright © 2024 Birchgrove Legal. All rights reserved.
Automated page speed optimizations for fast site performance