Not-for-Profit and Charities

Service Experience People

Specialised advice for not-for-profit organisations and charities to support the delivery of community-focused initiatives 

Our team are passionate about the work we do for not-for-profit organisations and charities with many of our lawyers serving as board or committee members for charities, clubs and community organisations. As such, we understand the complex and unique environment in which not-for-profit organisations and charities operate and provide tailored and strategic advice across all areas of operation. We have worked with not-for-profit organisations and charities from the health, community services, education, aged care, cultural and arts, religious and sporting industries, as well as international organisations and Australian charities operating overseas. 

We have extensive experience working with not-for-profits and charities of all sizes and in all stages of their lifecycle – whether it be advising on the best structure to choose on establishment, assisting with needs of growing organisations or taking the stress out of the winding up and de-registration process.

Experience

  • Corporate advisory for boards and senior management 
  • Review of governance strategies to improve board performance via our Effective Governance team
  • Workplace health and safety policy development 
  • Drafting contracts including employment, sponsorship and technology agreements
  • Protection and management of intellectual property 
  • Privacy and data compliance obligations
  • Drafting and receipt of charitable gifts and donations in Wills
  • Advising and establishing the operating structure, including charitable trusts and funds and related registrations
  • Structuring groups which consist of not-for-profit and for-profit/commercial activities entities
  • Transitioning from an incorporated association to a company limited by guarantee
  • Mergers and amalgamations of charitable organisations
  • Establishing philanthropic structures, such as private ancillary and public ancillary funds
  • Accessing concessions and exemptions available from State taxes (stamp duty, payroll tax and land tax) in all jurisdictions
  • Assessing eligibility and navigating the application process and obtaining deductible gift recipient (DGR) status 
  • Compliance with regulatory frameworks, including the Australian Charities and Not-for-profits Commission (ACNC), Australian Taxation Office (ATO) and Australian Securities and Investments Commission (ASIC) 
  • Compliance with the ACNC’s Governance Standards and External Governance Standards (for organisations operating overseas)
  • Compliance with fundraising and incorporated association legislation in all jurisdictions
  • Compliance with PAYG and superannuation guarantee obligations
  • Conducting reviews of governing documents and legal structure and advising on updates which comply with modern best practice

Exceptional outcomes

Damian is a Partner of our leading Resources, Energy and Projects practice.
Royal Brisbane and Women's Hospital Foundation  / Advised Royal Brisbane and Women’s Hospital Foundation (RBWHF) in relation to the receipt of a sizeable donation to fund their important COVID-19 research. Our property and taxation teams worked with the RBWHF to advise on the structuring of the generous donation and prepared the necessary documentation to record the donation of the sale proceeds.
LifeFlight Australia Limited / We work with LifeFlight Australia Limited and assist them with their commercial contracts, corporate advisory matters, intellectual property, property and leasing, and employment law.
Wesley Mission Queensland / Advised Wesley Mission Queensland on an IP management audit including an assessment on the effectiveness of relevant internal controls as well as training and awareness of what IP is and how it should be identified, managed and protected.

Key contacts

Meet our Not-for-Profit and Charities team

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