Not-for-profit Breakfast 2019: How to make lamingtons

On 22 November 2019, we proudly held our annual Not-for-profit Breakfast.  This year, we were delighted to have the preeminent Murray Baird, former Assistant Commissioner for the ACNC, who spoke about income generation for charities in a world post the seminal High Court of Australia decision of Word Investments, which Murray lead with Jennifer Batrouney, [...]

2019-11-29T09:27:51+10:00November 29th, 2019|

Supporting “A Day for Jane” 2019

Robert Cunningham, Peter Dighton, Paul Paxton-Hall and Chris McCarthy Paxton-Hall Lawyers proudly supported A Day For Jane this year and participated in the charity golf day.  A Day For Jane aims to build support and awareness to youth suicide which is a leading cause of death in youth in Australia. Paul Paxton-Hall [...]

2019-11-29T09:10:01+10:00November 29th, 2019|

Keeping data not for profit: insights and reflections on the notifiable data breaches scheme

An organisation’s ongoing capacity and commitment to ensuring and protecting the privacy of personal information it holds is now, more than ever, a key factor in that organisation’s reputation and the attitude of the public in dealing with that organisation.  In a commercial world driven by data, where allegations of hacking [...]

2019-11-27T12:30:47+10:00November 27th, 2019|

ASIC gives minor relief to small charitable companies limited by guarantee from whistleblower policy obligation

Recognising that the current requirements for small charities that are structured as companies limited by guarantee (CLG) under the new whistleblower provisions in the Corporations Act 2001 (Cth) (Corporations Act) are proving to be disproportionately onerous, ASIC announced last week that it will not require charities with an annual revenue of [...]

2019-11-27T12:30:59+10:00November 27th, 2019|

The party’s over: when the music stops and the lights turn on: Togher & Anor v Alexander & Ors (No.2)

This case[1] arises from a failed Melbourne music festival venture in early 2017. The issue was ultimately who should bear the losses of the investment of monies of the failed venture. Mr Alexander, a theatrical producer, conceived the idea of putting on a Gala New Year’s Eve opera spectacular for 31 [...]

2019-11-27T12:31:07+10:00November 27th, 2019|

One member’s claim for rights in an unincorporated association: John Setka v Noah Carroll & Ors

Setka is employed as the Victorian Secretary of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), and is a member of the Victorian Branch of the ALP and a CFMEU delegate at ALP state and national conferences. As was well documented by the papers, Setka sought an injunction from the [...]

2019-11-27T12:31:15+10:00November 27th, 2019|

Don’t let ‘wage theft’ rob you of your funding!

Wages are a significant, if not the most significant cost to businesses, particularly those whose core activity is the delivery of labour-intensive services. Despite this, there appears to be a substantial amount of Australian businesses who are failing to keep abreast of their obligations to employees in relation to wages and [...]

2019-11-27T12:31:24+10:00November 27th, 2019|

Attorneys signing BDBNs – an unfortunate twist

Introduction In our September 2018 bulletin we reported on the important Queensland Supreme Court case of Narumon which held that: provided the trust deed does not preclude it, an attorney under an enduring power of attorney is able to affirm an existing binding death benefit nomination (BDBN) made by a fund [...]

2019-11-08T09:39:03+10:00November 7th, 2019|

Will the role of an attorney appointed to act as trustee of an SMSF automatically cease on the member’s death?

Introduction In the absence of a binding death benefit nomination (BDBN), it is the trustee of a superannuation fund who has the discretion as to payment of a deceased member's death benefit. It follows from this, that control of the trustee (whether the trustee be the individual members or a corporate [...]

2019-11-08T09:39:23+10:00November 7th, 2019|

Ademption and Powers of Attorney: Estate Interrupted

Introduction When an adult loses capacity, they will rely upon their appointed attorney to manage their financial affairs. The attorney must act consistently with the duties imposed on them by statute and by common law, both for the benefit of the adult and ultimately the beneficiaries of the adult's estate. However, [...]

2019-11-08T09:39:34+10:00November 7th, 2019|
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