Gilbert + Tobin has advised the University of Sydney Union (USU) on a significant milestone in its long-term organisational restructure, with the transfer of business assets from its legacy unincorporated association to a newly established incorporated entity, effective 1 April 2026.
The move marks a significant moment for one of Australia’s oldest and largest student organisations, strengthening USU’s governance, long-term sustainability, operational clarity and long-term sustainability after close to 50 years of planning. USU engaged G+T to lead the end-to-end restructure, navigating the complex legal and regulatory challenges associated with transitioning from an unincorporated association to an incorporated entity, including establishment of the new entity and successful registration with the Australian Charities and Not-for-profits Commission (ACNC).
The transaction required careful management of issues unique to unincorporated associations and ACNC registered charities, including asset ownership, contractual arrangements and liability exposure, while ensuring continuity of USU’s operations and preservation of its charitable purpose.
G+T continues to advise USU through the final stages of the restructure, including the proposed dissolution of the legacy entity.
G+T’s team was led by Charities and Social Sector Special Counsel Elizabeth Wighton, with support from partner Darren Fittler and Neha Sharma. G+T worked closely with Phan Vu, President, Ben Hines, former Vice President, Bryson Constable, Immediate Past President, CEO Janina Jancu and the broader USU team.
Elizabeth commented:
This milestone marks a transformative moment for USU. Supporting an organisation with such a long history to modernise its structure and strengthen its governance framework has been incredibly rewarding. The successful asset transfer reflects years of planning and collaboration, and positions USU strongly for the future.
