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|

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|

National Code of Conduct for Leases

Introduction National Cabinet has published a code of conduct for leasing to apply during the period of the COVID-19 pandemic (defined by the period during which the Jobkeeper programme is operational) and a reasonable recovery period after the pandemic ends (referred to in this note as the 'moratorium period'). There is [...]

2020-04-17T14:11:17+10:00April 17th, 2020|

JobKeeper Payment Rules

Introduction The Coronavirus Economic Response Package (Payments and Benefits) Rules (Rules) were released over the last weekend. These Rules set out the things that the Treasurer is permitted to do under the framework of the Coronavirus Economic Response Package legislation. Employer's entitlement The Rules determine which employees (defined as eligible employees [...]

2020-04-17T14:04:01+10:00April 17th, 2020|

FWA amendments: more options for employers eligible for JobKeeper payments

We have recently provided updates on temporary variations made to some modern awards and the proposed introduction of additional measures such as pandemic leave and annual leave at half pay in response to the COVID-19 pandemic. As a further response, the Federal parliament has now passed the Coronavirus Economic Response Package [...]

2020-05-19T08:43:15+10:00April 15th, 2020|

The FWC on the front foot: “Pandemic leave” and annual leave at half pay

On 1 April 2020, the Fair Work Commission (FWC) released a statement proposing to temporarily vary 103 Awards (on the Commission's initiative) to include an entitlement to unpaid "pandemic leave" and to include the flexibility for employees to take annual leave at half pay. Pandemic leave This measure is designed to [...]

2020-04-03T10:15:31+10:00April 3rd, 2020|

Free webinar: Incorporated Associations and Collections Act Amendments – An honest conversation

On 15 April 2020, QUT is hosting a free webinar with our very own Paul Paxton-Hall and Prof Myles McGregor-Lowndes who will discuss the implications of the passing of the Associations Incorporation and Other Legislation Amendment Bill 2019 recently passed by the Queensland Parliament. The form will affect some 22,000 incorporated [...]

2020-04-01T09:55:09+10:00April 1st, 2020|
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