Not-For-Profit Sector

We have many clients in the not-for-profit sector to whom we provide extensive business advice to in much the same way as we do for our corporate clients. The range of work undertaken crosses the full spectrum of our firm, including:

  • Charitable giving and structuring

  • Corporate governance

  • DGR and Charity status

  • Employment law issues

  • General business and commercial advice

  • General IP law, including trademark protection and copyright

  • Government submissions

  • Legal structures

  • Litigation and dispute resolution

  • Property law, including sales, acquisition and leasing

  • Regulatory compliance

  • Tax advice

  • Trademarks, copyright and other intellectual property

  • Wills and bequests

Recent experience includes:

  • Advising and preparing documents for the establishment and variation of trusts including:

    • charitable trusts and obtaining charitable status such as for The Family Violence Foundation of Australia and DGR status for Tea Up For Kids

    • discretionary trusts (including partnership of trusts)

    • unit trusts

    • hybrid trusts

    • testamentary trusts

    • stamp duty and CGT effects of resettlements.

  • Incorporation of companies Limited by Guarantee;

  • Advising many clients in the not-for-profit aged care industry on issues, including:

    • compliance with State and Commonwealth government regulations and requirements, the conduct of departmental investigations, complaint handling and appeal processes;

    • preparing and updating client agreements in accordance with regulatory requirements including the Aged Care Act 1997 (Cth) and Retirement Villages Act 1986 (Vic); 

    • mergers, acquisitions and disposals of aged care and retirement village properties and businesses including due diligence investigations, negotiations and documentation;

    • agreements for construction and development of aged care facilities including land acquisitions, leasing, planning, development and construction;

    • business structuring advice in relation to the establishment of Aged Care and Retirement Village operating entities and businesses including not-for-profit structures;

    • compliance advice under the Corporations Act 2001 (Cth), the Associations Incorporation Act 1981 (Vic) and the Co-operatives Act 1996 (Vic) including training and education sessions for Boards and committees;

    • drafting and amending Constitutions for corporations and associations and joint venture agreements;

    • negotiating, advising and drafting in respect of services and supplies procurement;

    • joint venture arrangements including the development of community housing; and

    • the development and sale of retirement village units.

  • Advising the Royal Society of Victoria on many issues, including the recent redrafting and modernising of its constitution;

  • Advising the Bell Charitable Trust on all aspects of its operations; and

  • Advising Residents’ Associations on a variety of issues including:

    • interpreting constitutions and rules and advising on their powers and governmental requirements

    • assisting with disputes with suppliers and residents

    • advising on employment and contractor issues.