Can I Change the Purpose of my Charitable Trust? Housing Choices v Attorney General
Sometimes, an entity can change the purpose of their charitable trust. Housing Choices Australia Limited v Attorney General for the State of Victoria [2024] VSC 107 (Housing Choices) was a case heard in the Victorian Supreme Court that focussed on this exact scenario. Facts Housing Choices Australia Ltd (HCAL) is the current trustee of the […]
Warlows Legal Wishes You A Meaningful Rosh Hashana
Modernising Construction Law: Essential Security of Payment Changes Ahead
What Did the Government Propose? In November 2023, the Victorian Government released a report titled ‘Employers and Contractors who refuse to pay their subcontractors for completed works,’ aiming to reform Victoria’s construction sector. This report proposes changes to the Building and Construction Industry Security of Payment Act 2002 (Vic) (the Act) to streamline processes and […]
What Can My Charity Do To Get Funding?
‘I want to pursue my charity’s mission, but I don’t have the means to do so. Where can I find funding?’ Once registered with the ACNC and the ATO, a charity is poised to pursue its mission and fulfill its purpose. However, many charities find themselves at a standstill due to one crucial factor: funding. […]
Defining Charitable Trusts: Grain Technology Ltd v Rosewood Research Pty Ltd
Grain Technology Australia Ltd v Rosewood Research Pty Ltd (No 3) [2023] NSWSC 238 is a case that revolves around the management and purpose of assets held by certain companies, specifically whether these assets were held on trust for charitable purposes. Background The case arose due to disputes concerning the affairs of three proprietary companies […]
Deris v Hunter: Contractual Breach and Duty of Care
Background In the case of Deris v Hunter (Building and Property) [2023] VCAT 1424 (Deris), the dispute arose from the partial renovation of Ms. Deris’s old, single-fronted, unattached weatherboard house in Brunswick, conducted by Mr. Hunter, a registered builder, between March 2021 and September 2021. The contractual relationship between Ms. Deris and Mr. Hunter ended […]
Are International Charities Bound by Any Guidelines?
‘My charity holds educational programs for children in places like Ethiopia and Rwanda. Am I required to report on these programs, since they are occurring outside of Australia, and therefore outside of Australia’s legal jurisdiction?’ One might think that the overseas operations or finances of a charity are not monitored closely under Australian law. If […]
Home is Where the Heart Is: Student Accommodation under the DBCA
Key Finding In Centurion Australia Investments Pty Ltd v APM Group (Aust) Pty Ltd [2023] VSCA 324, the Victorian Court of Appeal found that student accommodation construction works are not subject to operate under the Domestic Building Contracts Act 1995 (Vic) (‘DBCA’). Facts Centurion Australia Investments Pty Ltd had reached an agreement with RMIT University […]
A New Era for the Administrative Appeals Tribunal: What’s Changing?
Overview of the AAT The Administrative Appeals Tribunal (AAT) conducts independent merits reviews of administrative decisions under Commonwealth laws, including those made by Australian Government ministers, departments, agencies, and in some cases, state and non-government bodies. We can only review decisions if specified by law, covering more than 400 Commonwealth Acts and legislative instruments. Common […]
Unik Constructions v Edirisinghe: Defective Works and Deeds
Unik Constructions Pty Ltd v Edirisinghe (Building and Property) [2024] VCAT 49 (17 January 2024) Background Facts In Unik constructions, the respondents were owners of a property they planned to demolish and rebuild into two townhouses, and the applicant was the builder of the property. Due to conflict throughout construction regarding the builder’s plans, a […]