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+00:00November 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+00:00November 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+00:00November 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+00:00November 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+00:00November 27th, 2019|

2019 Annual Not-for-profit Breakfast

Paxton-Hall Lawyers is delighted to announce that our guest speaker at this year's breakfast will be Mr Murray Baird, the former Assistance Commissioner, General Counsel, at the ACNC. Murray is going to be speaking to the topic: "How to make lamingtons: The Word Investments case and its impact upon Australian charities". The presentation is sure to [...]

2019-10-24T12:18:08+00:00October 24th, 2019|

Are you a volunteer, employee or something else?

Background Lynette Weiland[1] (Weiland) had a long association with SA Basketball. She played as a junior and then progressed to various roles in the organisation, including referee co-ordinator, referee coach, court supervisor and also the position of court table commissioner. Weiland was injured in a fall at the entrance to an [...]

2019-09-18T13:18:54+00:00September 18th, 2019|

Gift to a non-existent organisation

Situation Mr Niall died leaving a bequest in his will[1] to the 'Order of Selesians' in India for the purposes of work among the poor in India' No organisation by the title 'Order of Selesians' or 'Order of Selesians in India' existed in Australia or India. 'Selesians' appeared to be a [...]

2019-09-18T13:12:19+00:00September 18th, 2019|

FBT and religious practitioners

Religious institutions providing fringe benefits to religious practitioners are exempt from fringe benefits tax (FBT) under section 57 of the Fringe Benefits Tax Assessment Act 1986 (FBTAA). Unlike some other FBT exemptions, the concession is not subject to a dollar cap and is a highly valued method of remunerating religious practitioners. [...]

2019-09-18T13:06:14+00:00September 18th, 2019|

The NDIS boundary between state health provision and disability

Introduction A review by the Administrative Appeals Tribunal considered whether swallowing supports were part of the necessary supports provided under the National Disability Insurance Scheme (NDIS) for a severely disabled man who had difficulty swallowing (dysphagia) or a responsibility of the State general health system. Issues Two eating plans involving thickened [...]

2019-06-27T09:00:49+00:00June 27th, 2019|
Load More Posts