Darren Fittler joined Gilbert + Tobin in June 2004 and is the lead partner in the firm’s Charities + Social Sector Group (formerly Third Sector Advisory).
Darren specialises in the provision of legal assistance to charities and not-for-profit organisations including large and small charities, overseas aid agencies, community organisations, environmental and cultural organisations, corporate foundations, religious organisations and congregations, industry associations and private families and individuals.
Darren’s expertise in laws specific to charities and not-for-profit organisations and his generalist corporate and commercial law experience enables him to provide innovative, holistic, strategic and targeted legal advice and practical guidance. His key areas of experience are set out below.
- Establishing, structuring and winding up corporate foundations and not-for-profit and charitable organisations - including mergers and conversions.
- Charitable fundraising, community lotteries and gaming, privacy, do not call and spam regulation.
- Tax concession charity (TCC) and deductible gift recipient (DGR) endorsement and other tax benefits, exemptions and rebates both federal and state.
- Giving and receiving gifts and other donations and the running of charitable fundraising activities and events (including from a tax perspective).
- Preparing new constitutions and reviewing and tailoring current constitutions.
- Compliance with the Corporations Act, the Australian Securities and Investment Commission and other state-based laws and regulators and corporate governance (including calling and holding meetings, directors’ duties and voting procedures and protocols).
- Establishing, running and winding up trusts (including stamp duty and drafting and interpreting founding trust documents).
- Employment, consultancy, secondment and volunteer agreements.
- Joint venture and consortium agreements, international relationship agreements, supply agreements, funding agreements (including tenders and government grant/funding agreements), web use terms and conditions, software procurement agreements and publishing and IP licensing agreements.
- Government submissions and other legal policy work including preparing, contributing to and/or reviewing clients’ internal and external publications.
Darren was the recipient of the 2014 Human Rights Commission Law Award in recognition of his long term commitment to assisting not-for-profit and charitable organisations. Darren is the author of two chapters in the Thomson Reuters NFP Best Practice Manual and the chapters on not-for-profit organisations and NSW incorporated associations in the NSW Lawyers Practice Manual. He sits on the NSW Attorney Generals Disability Advisory Council and also attended meetings at the United Nations in New York, helping in the development of an international convention on the rights of people with disability.
+61 2 9263 4268