Are the assets of an incorporated charity held on trust for its purposes?

Background If money or property is given to an incorporated charity for a specified charitable purpose, then the charity must hold that property on trust to pursue the purpose. In that instance, the charity must not apply the property for its general purposes.  Lawyers tend to use the terminology that the [...]

2020-12-14T11:56:47+10:00December 14th, 2020|

Can negotiations for foundation funding amount to an enforceable promise?

There is scant litigation between charitable foundations and donees in Australia and even less where a potential donee brings the action. In a recent Queensland Supreme Court case that has yet to fully proceed to trial, a preliminary action dismissed a claim against one of the defendants, the founder of the [...]

2020-12-14T11:53:12+10:00December 14th, 2020|

ACNC to Audit PBI Status

On 5 December 2017, the Commonwealth Government announced a package of reforms to improve the oversight of organisations with deductible gift recipient (DGR) status.  These reforms included bringing Departmental register DGRs such as environmental funds and overseas aid funds under the supervision of the Australian Charities and Not-for-profits Commission (ACNC).  The [...]

2020-12-14T11:47:30+10:00December 14th, 2020|
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