Introduction For any charity operating within a complex corporate structure, maintaining diligent governance practices is essential, particularly as the Australian Charities and Not-for-profits Commission (ACNC) has made this a key
Introduction With the growing prevalence of blended families in NSW, a will contest initiated by a stepchild is an increasingly common challenge for the beneficiaries of a deceased estate. For
Introduction Maintaining public trust and safeguarding a charity’s reputation depends on transparent governance and ethical decision-making. This process requires the organisation to effectively manage conflicts of interest and every related
Introduction For not-for-profit (NFP) organisations, National Disability Insurance Scheme (NDIS) service agreements and contracts are high-stakes documents that define rights, obligations, and compliance expectations. When disputes or breaches arise, the
Introduction For not-for-profit (NFP) organisations, understanding when an agreement is legally enforceable under Australian contract law is essential to protecting resources and ensuring smooth operations. Relying on undocumented or informal
Introduction The Australian Charities and Not-for-profits Commission (ACNC) has released an updated interpretation statement on public benevolent institutions (PBI), reflecting recent legal developments and sector feedback. This updated statement clarifies
Introduction Australian organisations now face heightened privacy and cybersecurity risks as data breaches become more frequent and the legal consequences more severe. Recent reforms to the Privacy Act 1988 (Cth)
Introduction Defamation law in NSW plays a significant role in protecting the reputation of not-for-profit (NFP) organisations, including charities, when false or damaging statements are made against them. While most
Introduction Employers in the not-for-profit sector face significant challenges in achieving payroll compliance under the Social, Community, Home Care and Disability Services Industry Award (SCHADS Award). Ambiguous award provisions, frequent
Introduction Whistleblower complaints present not-for-profits and charities with complex challenges that can impact their reputation, operations, and legal standing. Addressing these complaints effectively is essential, as organisations must ensure that
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Introduction When a person dies and letters of administration have been issued in another Australian state or territory, the administrator may need to have that grant resealed by the Supreme Court of
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