About Katherine Lam

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So far Katherine Lam has created 33 blog entries.

More deductible gift recipient reform

Background Treasury Laws Amendment (2021 Measures No. 2) Bill 2021 was introduced into Federal Parliament on 17 March 2021. The measures were first flagged in late 2017 after Treasury released a discussion paper on potential reforms to the deductible gift recipient (DGR) framework early that year. These included requiring all DGRs [...]

2021-03-31T09:14:48+10:00March 31st, 2021|

Consultation on ACNC Governance Standard 3 – unlawful activity

Background Treasury recently released an Exposure Draft and Explanatory Statement detailing proposed changes to expand the scope of Governance Standard 3. Currently, Governance Standard 3 prohibits registered charities from acting in a way that may be dealt with: as an indictable offence under Australian law; or by way of a civil [...]

2021-03-31T09:10:08+10:00March 31st, 2021|

Basic religious charities

Background The definition of ‘basic religious charity’ under the Australian Charities and Not for-profits Commission Act 2012 (Cth) was changed with effect from 17 March 2021. A 'Basic Religious Charity' (BRC) is a registered charity with the purpose of advancing religion that meets 6 other criteria such as not receiving more [...]

2021-03-31T09:06:40+10:00March 31st, 2021|

To Proxy or not to proxy? – Bottoms v Yorkeys Knob Boating Club

Background Proxies for Queensland incorporated associations are a fraught area. The issue arises as to whether an association should include proxies in its rules. A balance has to be struck between allowing members who cannot attend meetings in person (often because the membership is located throughout Queensland or indeed Australia) and [...]

2021-03-31T09:03:51+10:00March 31st, 2021|

Women’s Life Centre Inc and Commissioner of the Australian Charities and Not-for-profits Commission [2021] AATA

This is just the second case where a decision of the Australian Charities and Not-for-profits Commission (ACNC) has been appealed in the Courts. Two cases in nearly a decade will probably rise sharply this year with several other cases making their way from the Court system.  In this case, while the [...]

2021-03-31T09:01:03+10:00March 31st, 2021|

Shed load of donations – Men’s Shed DGR status

There are currently over 1,000 community sheds for men in Australia, and around 20 community sheds for women. The make-up of sheds comprises a high level of men from regional and remote areas and from lower socio-economic areas when compared to the general population.  Men’s Sheds are thus ideally placed as [...]

2021-02-16T08:50:52+10:00February 16th, 2021|

Street Swags – a reminder of good governance principles

The Brisbane charity Street Swags and its CEO founder received national media attention on the release of a Fair Work Commission decision about whether there were grounds for immediate dismissal of the CEO by the charity. This 237 page judgment has no novel or remarkable legal issues, but it is a [...]

2021-02-16T08:48:44+10:00February 16th, 2021|

A snag with the snags – club duty of care

In Dann v Port Sorell Bowls Club[1], a volunteer at a Bowls Club function was burnt while cooking on the club BBQ. The volunteer sued the Bowls Club in negligence for his injuries, receiving over a million dollars in compensation. The Bowls Club was found to have breached its duty of [...]

2021-02-16T08:45:53+10:00February 16th, 2021|

Don’t put your house on it!

The Queensland Civil and Administrative Tribunal recently heard an appeal for a gaming licence from Office of Liquor and Gaming Regulation (OLGR). Art unions, raffles, bingo, lucky envelopes, Calcutta sweeps and promotional games operated by charities are regulated under the Charitable and Non-Profit Gaming Act 1999. There are 3 categories of [...]

2021-02-16T08:43:33+10:00February 16th, 2021|

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|
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