Charities and Not-For-Profit Law

Our dedicated market-leading team of passionate lawyers have the expertise to support charities, not-for-profits (NFP) and social impact organisations to pursue their mission with confidence.

How we can help

There are unique challenges and pressures to running a charity, NFP or impact company. But when it comes to legal matters, you can rely on our help. 

We work with organisations across all areas of NFP and charity formation, regulation, compliance, tax and governance. We also act on collaborations, restructures, mergers and acquisitions.

Many of our lawyers hold positions on charity and NFP boards and bring their experience working for these organisations in legal, governance and policy roles.

We work well with key regulators in the charities and social sector, including the Australian Charities and Not-for-profits Commission, the Australian Securities and Investments Commission, the Australian Taxation Office and state and territory Departments of Fair Trading and Revenue Offices.

Services

We’re trusted for positive outcomes in defining moments, solving complex problems strategically, commercially and practically. Our team can provide stand-alone advice or cast a broader lens over transactions and projects.

Structuring and formation

We set up new organisations and advise on structures including companies, incorporated associations, Aboriginal and Torres Strait Islander Corporations, cooperatives and trusts.

Mergers and acquisitions

We guide organisations through the mergers and acquisitions process including asset and business sales, purchases and transfers, share sales and member transfers and due diligence.

Restructures and transfers

We advise on and implement group restructures and consolidations. We also support changes to entity type including association to company.

Tax concessions and charity registrations

We register organisations as charities with the ACNC and assist with meeting the requirements for Commonwealth and state tax concessions including income tax exemptions, DGR endorsement, FBT concessions and stamp duty and payroll tax relief.

Governance

We review and design customised governance frameworks, including preparing and updating constitutions and other governance documents, like board charters, conflicts of interest policies and related party transaction policies.

Fundraising and grant giving

We advise on charitable fundraising laws, licensing and regulation, the running of charitable fundraising activities and events, and the requirements for receipt of deductible gifts, contributions and other donations.

Working overseas

We advise on organisational processes and practices to align with and mitigate risks associated with ACNC External Conduct Standards and related obligations.

Charities and Not-For-Profit Law experience

AXA Investment Managers

On its strategic partnership with Housing Australia and St George Community Housing to develop affordable housing, part of a $300 million financing commitment.

Business Council of Australia

On establishing the Community Rebuilding Trust and Australian Volunteer Support Trust after the 2019-2020 Australian bushfires, including listing of the trusts as DGRs in the Income Tax Assessment Act 1997 (Cth).

Médecins Sans Frontières Australia

On the Australian aspects of establishing a charitable presence in New Zealand.

Yawoorroong Miriuwung Gajerrong Yirrgeb Noong Dawang Aboriginal Corporation (MG Corporation)

On the organisation’s planned restructure to better serve the needs of its First Nations members.

Snow Medical Research Foundation

On its establishment and associated registration as a charity and health promotion charity

Screenwest

On its transition from a State Government agency to an independent charitable organisation.

Succeed Child Feeding Alliance

On its establishment and associated registration as a charity and public benevolent institution.

Sydney Breast Cancer Foundation

On its spin off from Chris O’Brien Lifehouse into a separate legal entity and registered charity, including assistance with all aspects of the transfer, and incorporation of the new public company, its registration with the ACNC and DGR endorsement.

Superannuation Consumer Centre

On its establishment as a public company limited by guarantee, registration as a charity and specific listing as a DGR in the Income Tax Assessment Act 1997 (Cth).

Little Company of Mary Healthcare

On the acquisition of all shares in Japara Healthcare for $380 million through a scheme of arrangement, then converted all 83 entities into charities to align with LCM Healthcare’s structure. This was the first take-private transaction in Australia involving a registered charity.

The Burnside War Memorial Hospital

On all charity law matters related to its acquisition of Sportsmed SA Hospitals, including charity registration and payroll tax exemption.

Environmental Defenders Office NSW

On its involvement as the lead organisation in the merger of all state-based EDO entities, including the provision of governance, competition law, tax and employment law advice, plus advice on existing charitable fundraising campaigns and messaging about a staged approach to the transfer.

For Purpose Investment Partners

On transaction structuring, charity law compliance and duty exemptions for various strategic acquisitions.

The Benevolent Society

On all aspects of its successful bid to acquire the NSW Government’s disability clinical services as part of the implementation of the National Disability Insurance Scheme (NDIS).

Sydney Children’s Hospitals Foundation

On its acquisition of the charitable fundraising arm of the NSW Government Children’s Hospitals Network.

Ted Noffs Foundation

On the consolidation of its various entities, including taxation advice and help with obtaining and maintaining charity registrations and association Commonwealth tax concessions.

Association of Blind Citizens of NSW

On its merger (by way of asset transfer) with Blind Citizens Australia, including advice regarding the treatment of bequests and the subsequent deregistration of Association of Blind Citizens NSW Inc.

SydWest Multicultural Services

On its acquisition of Participate Australia by way of membership transfer and governance restructure.

Achieve Australia

On its acquisition of disability services provider Windara including complex negotiations with the relevant Catholic diocese as the land holder.

Australian Banking Association

On the conversion of entity type from incorporated association to company limited by guarantee, including a governance review and constitutional rewrite.

Australian Province of the Society of Jesus

On the restructure of its Australia-wide operations to rationalise many separate entities, including various Australian Jesuit operated schools.

The Benevolent Society

On the roll up of its subsidiary, Inclusive Directions.

Lifestart Cooperative

On its conversion of entity type from a cooperative to a public company limited by guarantee, including a full governance review and constitutional rewrite.

Rainbow Families

On the conversion of entity type from incorporated association to company limited by guarantee, including a governance review and constitutional rewrite.

Parkinson’s NSW

On its conversion from a NSW incorporated association to a public company limited by guarantee, including advice on the treatment of bequests as a result of the conversion.

Cowboys Charity

On the transfer of the social programs and activities and a business unit from the Cowboys Rugby League Club to the Cowboys Charity.

The Myer Foundation, The Fairfax Foundation and The Royal Australian College Of General Practitioners

On eligibility for and compliance with various Commonwealth tax concessions, including income tax exemption and DGR endorsement.

Equality Australia

On its formation, charity registration, compliance requirements and appeal to the Federal Court to secure charity tax concessions.

Sydney Girls High School and Sydney Boys High School

On the establishment, operation and consolidation of building funds, library funds, scholarship funds, necessitous circumstances funds and general advancement endowment funds, plus advising on the interrelationship between these entities within the broader context of school philanthropy.

Australians for Indigenous Constitutional Recognition

On its specific listing in income tax laws for deductible gift recipient status and ongoing guidance on charitable fundraising and other compliance.

FP Aged Care Australia

On charity registration compliance, payroll tax, and stamp duty exemptions in Victoria, so funds can be redirected to further the company's charitable purpose.

Inner East Community Finance

On obtaining charity registration, tax concessions and endorsement as a deductible gift recipient with the Australian Taxation Office.

Inco Australia

On its successful change of charity subtype to a public benevolent institution.

Watertrust Australia

On its establishment as a public company limited by guarantee, charity registration and registration as an approved research institute, with associated DGR endorsement.

Australian Institute of Company Directors

On a complete governance review and refresh, including updating its constitution, board charter, membership framework and related documents.

City West Housing

On complex governance and structuring matters, including members powers, retention of charity registration, retention of community housing provider registration, stamp duty exemption and related matters.

Aboriginal Health Council of Western Australia

On the development and implementation of a new governance framework, embracing a complex membership and governance structure.

Life Without Barriers

On a governance review, including facilitating ongoing compliance with its registrations as a charity and community housing provider.

Mediator Standards Board

On a governance review and refresh, including updating its constitution.

Achieve Australia

On the reinvigoration of its foundation, including preparation and advice on governance documents and grant agreements.

Australian Society for Medical Imaging and Radiation Therapy

On a governance review and refresh, including updating its constitution.

GrainGrowers

On governance matters including directors’ duties and liabilities, regulatory compliance, intra and cross-group governance frameworks, conflicts of interest, board and committee charters and directors’ and members’ meetings.

Paul Ramsay Foundation

On matters relating to its grant agreements.

National Gallery of Victoria

On its receipt of a substantial living gift, including negotiating and settling the terms of the grant.

Bell Shakespeare

On charitable fundraising requirements, living gifts and related advice.

Compassion Australia

On various charitable fundraising arrangements.

doTERRA Healing Hands Foundation

On charitable fundraising requirements for its national fundraising efforts.

Australian Ethical Foundation

On the preparation of template grant agreements.

The Fred Hollows Foundation, OneSky Australia and others

On applying for, establishing and operating an Overseas Aid Fund, including ongoing compliance with the former Overseas Aid Gift Deduction Scheme Guidelines.

The Fred Hollows Foundation

On its investment in a social enterprise that will build eye hospitals in developing countries to further its charitable purpose of eliminating avoidable blindness globally.

Jesuit Mission

On its various overseas policies, procedures and agreements, including to facilitate compliance with the ACNC External Conduct Standards.

Awards