Club attempts to lock out RSL branch

Background The Returned & Services League of Australia (Queensland Branch) Southport Sub-Branch Inc (RSL) is a sub-branch of the Returned and Services League of Australia (RSLA). RSL was the owner of land, and the building and other improvements on it (property), in Southport. It leased the property to The Southport RSL [...]

2022-05-11T15:33:31+10:00May 11th, 2022|

Internal disputes, natural justice and legal opinions

The South East Queensland Sport Aircraft Club Incorporated (Association) is an incorporated association operating an airfield at Kilcoy, Queensland. Its objects include fostering sport aviation activities and providing a facility for the storage, operation and maintenance of recreational aircraft. The Association leased land from the Queensland Bulk Water Supply Authority (SEQWater) [...]

2022-05-11T15:30:43+10:00May 11th, 2022|

Self-assessment by tax exempt non-profit organisations

Currently, non-charitable NFPs can self-assess their eligibility for income tax exemptions without an obligation to report to the ATO. The tax legislation lists 32 classes of entities under five categories that are exempt from income tax, being: charity, education and science;[1] community service;[2] health;[3] primary and secondary resources and tourism;[4] and [...]

2022-05-11T15:04:50+10:00May 11th, 2022|

Funding school chaplains

Background The Government announced in the 2021-22 Mid-Year Fiscal and Economic Outlook (https://archive.budget.gov.au/2021-22/myefo/download/myefo-2021-22.pdf ) that it will establish a deductible gift recipient (DGR) category to enable funds to access DGR status where the fund supports pastoral care by chaplains and analogous wellbeing services delivered to students in Australian primary and secondary [...]

2022-05-11T14:56:17+10:00May 11th, 2022|

It’s an ill virus that blows no good reform

Background The pandemic has played havoc with charitable and non-profit companies ability to hold general meetings, director’s meetings and executing documents in person during lockdowns and mandates. In 2020, the Federal Treasurer used his temporary instrument-making power under the Corporations Act 2001 (the Act) to issue a determination that temporarily allowed [...]

2022-03-22T15:57:05+10:00March 22nd, 2022|

Sikh and you will find (a way to accommodate more members)

Background The Brisbane Sikh Temple (Gurdwara) Inc (Temple) is an incorporated association under the Associations Incorporation Act 1981 (Qld) (AIA). Its objects include promoting an understanding of the religious and philosophical traditions of Sikhism, providing a means of communication with other Sikh communities nationally and internationally, promoting and conducting regular meetings [...]

2022-03-22T15:57:16+10:00March 22nd, 2022|

High Court reconfirms the contract as king – Jamsek and Personnel Contracting

For a long time now, businesses have had to grapple with the complexities of correctly characterising workers as either employees or independent contractors to avoid falling foul of employment, taxation, workers' compensation and superannuation laws. In the past, this has required a consideration of the relationship as a whole, taking into [...]

2022-02-15T16:20:29+10:00February 15th, 2022|

Out of Bounds and Gone to the Dogs

Two judgments handed down by the Queensland Supreme Court days before Christmas 2021 join the growing number of cases where peak bodies are being caught out by their old constitutions and lack of understanding of their provisions. The 2 cases involved Netball in Queensland[1] and Canine Control Council (Queensland) trading as [...]

2022-02-15T14:44:04+10:00February 15th, 2022|

The end of increased funds to charity does not justify the means

The Administrative Appeal Tribunal has upheld the decision of the ACNC not to allow the registration of charities because of the underlying reasons for their registration. Cancer & Bowel Research Australia Ltd, Breast Cancer Australia Ltd, and Kids Cancer Research Australia Ltd (entities) were all incorporated in May 2017 as companies [...]

2021-11-16T16:16:00+10:00November 16th, 2021|
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