Can Charities be used for Terrorism Financing?
In the absence of robust and airtight protocols for charitable organizations, there exists a potential threat of funds being improperly utilized for terrorism financing. This contravenes the law, specifically Division 103 of the Criminal Code Act 1995 (Cth), which prohibits the intentional collection or provision of money with reckless disregard for its application in a […]
Green Construction and Sustainability
Environmental Compliance Environmental compliance is becoming increasingly vital in the construction sector due to a global shift towards sustainability. Construction projects are now emphasizing strict adherence to environmental standards and the adoption of eco-friendly practices to minimize their impact on the environment. This not only enhances the industry’s reputation but also reduces compliance risks, positioning […]
The Vulnerability of Charities to Cyberattacks
Imagine you have just set up a charity to help those in need, whether it be for those in distress, or for homeless people, or for other purposes; the causes are endless. You gain substantial donors and funds, and your organisation grows from all the hard work put into it. One morning, you wake up […]
Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2
The case of Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2 (‘Bryant’) is an appeal from a decision of the Full Court of the Federal Court of Australia. The case concerned the operation of voidable transactions in insolvency. Background Badenoch, a timber logistics business, entered into an agreement with Gunns, a timber felling […]
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 […]