Voting Without a Quorum
A quorum is the minimum number of people required at a meeting for the decisions made to be considered valid. Unless otherwise specified in the corporate constitution, under the Corporations Act 2001, a quorum is two members. As a general rule, if a quorum is not present, the meeting cannot proceed. There may, however, be […]
Sending Notices Under Construction Contracts
Construction contracts in Australia typically require parties to give notice of certain events or circumstances in order to protect their legal rights and interests. These notices are often referred to as ‘claims’ or ‘notifications’ and can be critical in resolving disputes and avoiding legal proceedings. Notices under construction contracts are typically issues for one of […]
Do You Want to Appeal Your ACNC Decision?
The Australian Charities and Not-for-profits Commission is a federal body which exists to regulate charities. Established by the Australian Charities and Not‑for‑profits Commission Act 2012 (‘the Act’), it manages the registration of new charities, and the compliance and annual reporting requirements required for not-for-profits. The ACNC has a number of powers in relation to the […]
Neighbourhood Fencing Disputes
Imagine a crisp night around the middle of July. A storm is brewing and the phone does not stop buzzing with ‘damaging wind’ notifications from the Bureau of Meteorology. Usually, it would be nothing, but this time, you awaken to see a fallen fence. Fencing disputes are a common occurrence and can cause great stress […]
Self-Declared Not-for-Profit vs Charity
Under Australian law, not-for-profit organisations can take on various forms, including self-declared not-for-profits and registered charities. While both types of organizations operate with the aim of benefiting the community, there are significant differences between the two. A self-declared not-for-profit is an organisation that states it operates for the benefit of the community without seeking to […]
Krongold v Thurin: More Legal Implications for VCAT?
Background The recent decision from Krongold v Thurin[1], released on September 5th 2023, follows on from a lengthy case that first began in VCAT, and has progressed all the way to the Victorian Supreme Court of Appeal. This landmark case has set important precedents for VCAT’s jurisdiction, particularly in accordance with s 77 of the […]
Warlows Legal Rosh Hashana Editorial
Justice Legislation Amendment Bill 2023 – VCAT, Federal Jurisdiction, and More
What is the Justice Legislation Amendment Bill 2023? The Justice Legislation Amendment Bill 2023 was introduced into the Victorian Parliament in August 2023, and has just recently passed both houses. The Bill was enacted with the purpose of effecting significant amendments across various facets of the Victorian legal system, and clarifying procedural and jurisdictional issues […]
The JBWere NAB Charitable Giving Index (CGI) – August 2023
As one of our main areas of specialisations, Warlows Legal is constantly observing the changing landscape of charities, and charitable contributions. The JBWere NAB Charitable Giving Index is a pivotal source for insights into the world of philanthropy; offering concise updates on charitable organizations and in-depth analyses of sectoral shifts, this index serves as a […]
Statutory Declarations to transform in digital overhaul
In Australia, there are various procedures and rules you must comply with to make sure your documents are legally valid. For example, before the pandemic, statutory declarations had to be signed in person by an authorised witness, such as a Justice of the Peace. During Covid, the Australian Government introduced temporary measures allowing electronic execution […]