We recognise that not-for-profits are often under-resourced and under-funded and yet truly desire to meaningfully impact society.
Being attentive to the details in your first appointment and asking perceptive questions prepares us to be watchful and vigilant on your behalf.
Understanding both your immediate objectives and your long term vision equips us to remain alert to your cause.
With locations in Sydney & Brisbane, we advise charities and not-for-profit entities across Australia. If you’re looking for a law firm with experience, dedication and heart, you’re in the right place.
Charity and not-for-profit clients have always formed the single largest client group of our practice. We make it our business to be up to date with all aspects of how the law affects the not-for-profit sector Australia-wide.
The lawyers in our firm are often involved personally in not-for-profit organisations, in leadership or governance roles, whether in local churches or benevolent organisations. In these roles, our lawyers are at the coal face of community service, in their own time, implementing the very advice they give to you. This keeps our advice grounded, practical and cost effective. Our calling is to seek justice for the oppressed and we meticulously endeavour to live out that calling by our care for you and for those you serve. Our documents are clear, to the point and aimed at serving you well, not impressing you with legal jargon. We act with integrity by giving robust, honest counsel and the development of thorough safeguards for the future.
Getting the right legal structure is crucial. While there are a wide array of structuring options, it’s important to select an appropriate structure that will work for you and your members – now and in the future.
Your organisation is unique, so the cloth needs to be cut to fit. We’ll listen carefully to your aims and aspirations, explain the benefits and drawbacks of each option, and ensure you’re on the right path – from day one.
With strict legal requirements in place for charities, constitutions, rules and by-laws need to be properly drafted. It’s important to have the right framework to protect your governors and properly advance your aims & objects.
Too often, we see constitutions that have narrowly scoped objects – exposing your governors and tax concessions to risk. We offer a review service, where we’ll look at your existing constitution and rules and help you in making sure your operations and objects are compliant above reproach.
Our lawyers regularly assist clients in registering charities with the Australian Charities & Not-for-profits Commission (ACNC). The process is normally:
Most charities understand the tax concessions granted by the ATO. Many however are missing out on State and Territory concessions and exemptions (to which different rules apply). Additionally, there are particularly high standards in place for DGRs where breaches of tax regulations can result in serious penalties.
Work with us. We’ll ensure you’re set up properly to gain and keep your concessions or exemptions.
Asset protection can seem like an overwhelming, time consuming challenge. We’ll help you get set up and running with ease. Our experienced team will ensure you avoid common trust establishment mistakes.
Whether you’re an unincorporated entity looking for a way to own property, or an incorporated not-for-profit wanting to establish a fund for receiving and distributing charitable donations – we can help.
We can also assist in a cy pres application for a Court Order to be made to apply trust property aligned with the original charitable intent of a trust.
Good governance requires continued attention. There’s a plethora of laws, rules and regulations to comply with, and it’s not always easy to keep track of changes. For example there are the ACNC Governance Standards and the External Conduct Standards (commenced 23 July 2019).
Effective management of conflicts of interest seems to be attracting the attention of regulators currently. We assist with Policies and Registers to assist governors in the discharge of their duties.
We’ll help you navigate the legalities, so you can take thoughtful, strategic steps forward for your organisation. We regularly advise governors and boards on their obligations and provide our clients with regular updates on upcoming changes to the law.
Whether you are negotiating a renewal of a major government contract and engaged in a tug or war about acquittal requests that seem unreasonable, our lawyers can help.
Government contracts are starting to be slightly negotiable around issues such as:
Our lawyers also regularly assist charities in responding to show cause notices of various arms of government / regulators. Let us help you put your best foot forward
Property deals can become unwieldy – especially when multiple interests and entities get involved. We’ll do the heavy lifting, dotting the ‘i’s’ and crossing the ‘t’s’, while you’re getting on with the business of your charity or not for profit. We’ll keep you informed throughout the process, so you’re always up-to-date.
We can help with conveyancing for commercial and not for profit entities. Our experience includes property transfers, property holding structures, asset protection and contracting, lending, leases, licensing, transfer of business, intellectual property, personal property and other commercial property-related law advice.
We also regularly assist clients in ensuring that any relevant concessions are in place, and seeking exemptions from transfer duty (stamp duty) and land tax.
Employee and volunteer policies can be a minefield. It’s important to put in place clear and solid policies to ensure the smooth operation, and protection of your enterprise.
We’ll help you put together policies which give your staff the flexibility to work effectively, whilst ensuring your organisation is safeguarded.
You may need to have other specific policies in place in order to comply with your legal requirements.
We can help you draft and implement a Whistleblower Policy, which will set out some legal rights and protections for whistleblowers within organisations.
We can also assist in drafting and implementing Children and Vulnerable Adults Policies, which will help to ensure that your organisation is taking steps to protect children and vulnerable adults that it works with from harm.
When expanding your charity or not for profit, you don’t want to miss a thing. In a merger or acquisition, it’s essential to carry out rigorous due diligence. We’ll check for undisclosed dealings or surprises that can potentially hurt you and guide you in understanding who you’re dealing with.
We’ll help you protect your stakeholders and stay true to your heartbeat, as we’ll be by your side throughout the process – so you can handle the situation carefully.
Our lawyers regularly advise on the fundraising licenses and approvals you will need. You need to consider compliance in every State and Territory that your donors may come from.
Our team has put together a free fundraising guide (Fundraising Regulation – Compliance in a Changing Landscape) and published it online library that we hope will be of great assistance to you in understanding many of the fundraising compliance steps that you need to consider.
Currently most social enterprises in Australia are operated by not-for-profits and charities engaged in business / commercial enterprise as part of the outworking of their purpose.
One of the key challenges for social enterprise is raising capital to scale their operations. To date, capital has been raised by traditional debt or Social Impact Bonds (a type of debt with some equity like features). Not-for-profits and charities of course need to take care even with this type of capital, that they remain “not-for-profit” by not offending the non-distribution constraint.
Charities and not-for-profits with significant commercial operations face most of the usual legal challenges of their for-profit cousins (which our commercial lawyers can help with) but face additional challenges in compliance with charity law regulation and the conditions attaching to revenue/tax law concessions (at both Commonwealth and State/Territory levels). Our lawyers work with many charities and not-for-profits engaged in business/commercial enterprise (whether they consider themselves social enterprises or not).
Sometimes you need someone to ‘go to bat’ for you. Whether it’s an employment contract or a trade mark dispute, our experienced litigation team have represented clients across a broad range of legal disputes. Our litigation team will seek to mediate and negotiate with careful diplomacy. However, when it’s required, we can pursue litigation as a last resort.
