Our Sydney-based lawyers advise charities and not-for-profits on issues ranging from establishing an NFP, through to operational and board-related matters, governance and compliance processes and procedures, commercial and employment disputes and more.

For not-for-profits and charities, the constitution and governance framework are not just formal documents. They define who has authority to act, protect the organisation and its people, prevent compliance issues and internal disputes, and support growth and change.

We assist organisations in establishing, reviewing and updating constitutions and governing documents, making sure they’re fit for purpose and aligned with regulatory requirements.

An NFP or charity’s structure determines how its activities can be  carried out, how funding, assets and obligations are managed, and where risk ultimately lies. As an organisation grows and evolves, the structural decisions you make up front are likely to have significant governance, regulatory and operational consequences.

We advise not-for-profits and charities on establishing and managing incorporated associations, companies limited by guarantee and charitable trusts, as well as more complex group or related-entity structures.

An NFP or charity’s compliance and transactional obligations shape how they operate on a day-to-day basis, particularly where funding, reporting and governance intersect. For boards and management teams, the challenge is to make sure the organisation can meet regulatory requirements without constraining its ability to deliver on its purpose.

Our NFP and charity lawyers provide ongoing advice on compliance and commercial transactions, including ACNC registration and reporting obligations, governance and compliance, funding arrangements, grants and service agreements and more.

An ACNC audit or investigation can be a confronting process for NFP and charity boards and management, particularly where issues arise unexpectedly, under time pressure or with reputational implications. How your organisation responds in the early stages can significantly influence both the regulatory outcome and your ongoing relationship with the regulator.

We assist charities and not-for-profits to prepare for, manage and respond to ACNC enquiries, audits and investigations.

For not-for-profits and charities, even day-to-day operational decisions can raise complex legal issues. That’s especially true when activities sit close to the boundaries of charitable purpose or involve related parties, commercial arrangements or revenue-generating activities.

We advise organisations on the legal aspects of their operations, including the scope of permitted activities, charitable purpose, related-party arrangements and conflicts management.

While our focus is on helping not-for-profits and charities avoid disputes wherever possible, sometimes they’re unavoidable or necessary to assert – or defend – your rights. But disputes in the not-for-profit sector often carry heightened governance, regulatory and reputational considerations, meaning they need a careful and measured approach.