Introduction An incorporated association in NSW must follow specific rules for conducting meetings to ensure proper governance and legal compliance, a key aspect of NFP & charity governance and ACNC compliance.
Introduction Suspected criminal conduct inside a not-for-profit or incorporated association can lead to a serious internal dispute. These situations, which may involve anything from fraud to harassment, require a structured
Introduction Internal disputes can disrupt an incorporated association’s operations and threaten its governance, making effective conflict management essential. For board members, founders, executives, and legal or governance professionals of NSW
Introduction For those running an incorporated association in NSW, management committee obligations include upholding member rights to access key documents. This transparency is a fundamental part of charity governance and
Introduction Board members of a NSW incorporated association may reassess their legal structure, a process often involving expert advice on NFP restructuring, when the organisation experiences changes in size, operational scope,
Introduction Not-for-profit organisations have a legal duty of care to protect their employees, volunteers, clients, and the public from foreseeable harm. A failure to meet this standard can result in
Introduction Not-for-profit organisations and charities in Australia that supply goods and services must meet basic standards under the Australian Consumer Law (‘ACL’). These automatic protections, known as Consumer Guarantees, apply whenever an
Introduction Not-for-profit organisations frequently encounter standard form contracts that offer little to no room for negotiation. To address this imbalance, Australian contract law provides significant unfair contract term protections for
Introduction Leaders in the charity sector can underestimate the significant hazards involved, so it’s important to understand what operating as a not-for-profit organisation means, leaving board members exposed to potential liabilities.
Introduction Not-for-profit and charity organisations in New South Wales have a legal duty to ensure their recruitment processes are fair and non-discriminatory. Under state and federal laws, including the Anti-Discrimination Act
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Introduction A missing will after death triggers a legal presumption that the deceased revoked it. Without the original document, beneficiaries and next of kin may need to apply for letters
Introduction When a person dies without a valid will, their estate passes under intestacy laws. In New South Wales, the next of kin must apply for letters of administration through the Supreme Court
Introduction When a deceased estate in Australia is administered solely by a non-resident executor or administrator, the estate’s tax treatment changes significantly. The estate becomes a non-resident trust for tax purposes,
When a person dies leaving assets in an Australian state or territory, a foreign grant of probate or letters of administration does not automatically give an executor authority to manage the
Introduction Administering a deceased estate in New South Wales falls to the executor named in the Will, or to an administrator appointed by the Supreme Court of NSW when no Will
Introduction When someone dies in New South Wales, probate and letters of administration give a person legal authority to deal with the deceased person’s estate. The grant needed turns on whether