Charities + Social Sector

Gilbert + Tobin’s Charities + Social Sector Group (formerly Third Sector Advisory) provides specialist advice and expertise to the charitable and not-for-profit sectors including large and small charities, community organisations, corporate foundations, industry associations and private families and individuals.

Our Approach

We believe that the charity, not-for-profit and social impact sectors play an essential and extremely valuable role in society. The lawyers in our Charities + Social Sector group are passionate about serving organisations and individuals with a connection to this sector and do so exclusively.

We understand that running an organisation, trust or corporate foundation takes a lot of time, effort and commitment and that each organisation is unique. 

We know about laws, regulations and law reform relating specifically to the world in which our charity and social sector clients operate.  This knowledge coupled with our broad corporate expertise enables us to provide innovative, comprehensive and practical legal advice and guidance.

We provide a full suite of top-tier experience in areas such as corporate/commercial, tax, intellectual property (including trademarks), finance (including banking and loan agreements), real estate and projects (including leasing), construction, planning and employment. We are also proud of our own long-standing and well-known commitment to the community through our pro bono practice and CSR initiatives.

Our services

  • Organisation/business types, structures and models, including the preparation of new constitutions and reviewing and tailoring current constitutions.
  • Charitable fundraising laws, licensing and regulation, including registering and working with regulators.
  • Receipt of gifts and other donations and the running of charitable fundraising activities and events, (including from a tax perspective.
  • Accessing and complying with tax concessions - deductible gift recipient (DGR) and Tax Concession Charity (TCC) status and other tax benefits, exemptions and rebates both at federal and state level.  Income and capital gains tax, goods and services tax and stamp duty.
  • Fundraising, promotions, gaming, gifts, events, privacy, spam, do not call laws and regulation.
  • Establishing, running and winding up trusts (including stamp duty, drafting and interpreting founding trust documents as well as advising on trustee duties).
  • Corporate governance generally such as director and member meetings, directors’ duties, voting procedures and protocols and reporting to ASIC.
  • Preparing, reviewing and advising on employment, consultancy and volunteer agreements providing corporate governance and board charter solutions.
  • Negotiating, drafting and reviewing agreements such as joint venture and consortium agreements, agreements for the supply of goods or services, funding agreements (including tenders and government grant/funding agreements), web services agreements as well as terms and conditions, software procurement agreements, publishing and licensing agreements.
  • Preparing government submissions and conducting other legal policy work including preparing, contributing to and/or reviewing clients internal and external publications, policies and procedures.

We are passionate about serving the charity and social sectors and are honoured to work with some of Australia’s most well-known organisations including The Fred Hollows Foundation, Cancer Council Australia, The Benevolent Society, Médecins Sans Frontières Australia, Parkinson’s NSW, Diversity Council Australia, Australian Institute of Company Directors, Amnesty International Australia, Opera Australia, Sydney Children’s Hospitals Foundation, Plan International Australia, Save the Children Australia, Screenwest and World Vision Australia.

Gilbert + Tobin's Charities + Social Sector Team is ranked for Charities.

Chambers Asia-Pacific 2019

"Way ahead in its levels of commitment and its ability to understand the needs of charities".