How does one attain a vested interest?

Serwin v Dolso[1] Many older wills include a gift containing a condition like: I give the rest and residue of my estate to Mr Smith provided that if Mr Smith predeceases me or dies before attaining a vested interest, I give the residue to Ms Brown. In this gift clause, what is [...]

2020-05-19T08:30:11+10:00May 19th, 2020|

Appeal fails in Marsella case

Background In March 2019 we reported on the Victorian case of Marsella[1] in relation to the exercise of discretion to choose a death benefit beneficiary by a trustee of a self-managed super fund (SMSF). That case was remarkable because it was the first case where a disappointed beneficiary of a deceased [...]

2020-05-19T08:22:49+10:00May 19th, 2020|

Witnessing wills and powers of attorney by videoconference

Justice Legislation (COVID-19 Emergency Response – Wills & Enduring Documents) – Regulation 2020 (Regulation) The Queensland Government has today published the Regulation setting out how wills and enduring powers of attorney (EPOAs) may be witnessed by video link. The Regulation may be accessed here: https://www.legislation.qld.gov.au/view/whole/html/asmade/sl-2020-0072 The Regulation acts to deem that [...]

2020-05-19T08:42:33+10:00May 15th, 2020|

Assistant Minister for Charities announces incentives for ancillary funds to boost philanthropy

Following forecasts of a marked decrease in community charitable giving as a consequence of the economic downturn caused by the COVID-19 crisis[1], yesterday the Hon. Zed Seselja Assistant Minister for Charities announced that the Government will be amending the ministerial guidelines to incentivise ancillary funds to increase their distributions in the [...]

2020-05-07T12:28:51+10:00May 7th, 2020|

Government amends Corporations Act to provide temporary practical COVID relief to companies

With effect from Monday 5 May 2020, the Treasurer amended certain provisions of the Corporations Act 2001 (Cth) (Corporations Act) to provide companies with welcome flexibility in how they may hold their meetings and execute documents electronically whilst individuals are subject to social distancing mandates. The amendments will operate for 6 [...]

2020-05-07T12:25:54+10:00May 7th, 2020|

An overview of the COVIDSafe app

Yesterday the Prime Minister reiterated the government's goal of having 16 million downloads of the COVIDSafe app as a primary means of tracking the progression of the COVID-19 virus. At today's date, only 5 million users have downloaded the app, indicating that the community is wary or unsure of the app, [...]

2020-05-06T09:20:46+10:00May 6th, 2020|

The Samoan Church case – mediation not litigation

Background As the law stands at the present time, when a member of an incorporated association is affected by a decision of the association then the Supreme Court has jurisdiction to adjudicate. But that is the only avenue for solving disputes involving incorporated associations. This shortcoming in the Associations Incorporation Act [...]

2020-05-05T11:42:34+10:00May 5th, 2020|

Standard Commonwealth grant agreements

Background Traditionally, recipients of Commonwealth grants, particularly in the charity sector, have had to deal with a range of different grant agreements depending on the government department involved. Terms of agreements have varied reflecting different approaches to such provisions as the right to sub-contract services, ownership or licensing of intellectual property, [...]

2020-05-05T11:37:01+10:00May 5th, 2020|

High Court clarifies meaning of “officer” – implications for not-for-profits

Background Many charities and other not-for-profit entities are structured these days as companies limited by guarantee (CLGs). A key feature of any company are the statutory and common law duties owed by directors of the corporation. Those duties extend to a duty of care and diligence, the need for directors and [...]

2020-05-05T11:44:34+10:00May 5th, 2020|
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