Charity & Not-For-Profit Law
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Introduction The Australian Government has announced significant reforms for private and public ancillary funds, which will now be known as ‘giving funds’. These changes, including an increased minimum annual distribution
Introduction The May 2026 federal budget introduced a Deductible Gift Recipients (DGR) reform that removed the ministerial declaration requirement from the community charity DGR process. This legislative change reduces administrative
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
Introduction Joint ventures offer a pathway for a not-for-profit (NFP) organisation to leverage its assets, but these partnerships also introduce significant legal risks. When disputes arise or a venture fails,
Introduction An internal dispute can disrupt the operations of any not-for-profit organisation or charity in NSW. Handling NFP member disputes effectively and legally is essential for an incorporated association to maintain
Introduction When a disaster strikes, Australian not-for-profit (NFP) organisations can face significant challenges in meeting their existing contractual obligations. An unforeseen event, such as a flood or fire, may prevent
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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