Makinson d'Apice Lawyers (LexBlog Australia)

          Makinson d’Apice is very pleased to advise that Bill d’Apice has been awarded a Member of the Order of Australia (AM) in the Australia Day 2021 Honours List. Bill was awarded the Member of the Order of Australia for his significant service to the law, to the legal profession, and...

Most Australian entities will now be aware that the Modern Slavery Act 2018 (Cth) (Commonwealth Act) commenced on 1 January 2019. However, you may not be aware that the NSW government has recently passed its own Modern Slavery Act 2018 (NSW) (NSW Act), which will commence on 1 July 2019. Obligations under the Commonwealth Act...

Earlier today the Full Federal Court handed down its judgment regarding the Hunger Project Australia case and rejected the Commissioner of Taxation’s appeal (Commissioner of Taxation v Hunger Project Australia [2014] FCAFC 69). The court has unanimously held that Hunger Project Australia (HPA) does not need to directly give aid in order to be endorsed...

Starting a Not-For-Profit or Charitable Organisation Are you thinking about starting an organisation, charity, club, association, social enterprise, co-operative or some other kind of not-for-profit group? If so, this information may be helpful. What’s the Difference between a Charity and a Not-For-Profit? There are approximately 600,000 Not-For-Profits in Australia and approximately 60,000 are...

CPA Australia has just released a new guide “Charities – A guide to financial reporting and assurance requirements” to assist charities registered with the Australian Charities and Not-for-profits Commission (ACNC) to understand and comply with their various reporting obligations. This resource is the first of its kind and sets out in plain English the range...

Summary – On 8 April the Federal Government released an exposure draft of the Charities Bill 2013 and Charities (Consequential Amendments and Transitional Provisions) Bill 2013 for consultation. The Government has released for comment a draft exposure of the Charities Bill 2013 which will introduce the long awaited statutory definition of “charity”. In Australia, there...

Summary – The ACT has followed the move by South Australia to sign up to the ACNC legislative framework.  Who will be next? It has been announced that the Australian Capital Territory (ACT) will be signing up to the Australian Charities and Not-For-Profit Commission (ACNC) regulatory framework by making changes which will carve out the...

Summary – Federal Court rules Lehman Brothers Australia is financially liable for misleading clients including Church and Not-For-Profit Groups to purchase complex financial products. In Wingecarribee Shire Council v Lehman Brothers Australia Ltd (in Liq) [2012] FCA 1028, the Federal Court of Australia has held that Lehman Bros Australia Ltd (In Liq), which was formerly...

Summary – Scholarships available for AICD course. We would like to inform you of an opportunity that may be of interest to you. Perpetual, one of Australia’s largest and most experienced managers of philanthropic trusts, is pleased to invite board members and chairs of charitable organisations to apply for scholarships through the Australian Scholarships Foundation....

Summary – The Assistant Treasurer has issued a further Exposure Draft on proposed legislation restating and standardizing special conditions for tax concession charities including the “In Australia” conditions. The Assistant Treasurer has now released a further Exposure Draft of legislation restating and standardising special conditions for tax concession entities and, in particular, refining the

Summary – The Supreme Court has passed judgment again on the dispute over church trust property in the Macedonian Orthodox Church. There has been a long running dispute between the Macedonian Orthodox Diocese of Australia and New Zealand (Church) and the Macedonian Orthodox Community Church St Petka Incorporated (Association). At the core of the dispute is...

Summary – The Treasurer released a consultation paper on charitable fundraising reform in February 2012. The Treasury recently released a discussion paper and draft regulation impact statement in relation to proposed charitable fundraising reform.  At the moment, all States and Territories in Australia (except the Northern Territory) have their own fundraising regulations and they have...

SUMMARY Fair Work Australia has handed down a decision to increase wages for community workers. Many community sector workers in Australia should soon see an increase in their pay following the outcome of the Equal Remuneration Case.  In early February 2012, Fair Work Australia, in what has been hailed a “landmark decision”, found in favour...

The harmonisation of the nine different occupational health and safety (OH&S) laws across Australia into one national set of laws [Work Health and Safety Act 2011] will happen on 1 January 2012, although it is likely that Victoria and WA will delay the introduction probably until 1 January 2013.  Still, you must be ready for this!...