By Belinda Marsh Authors: Belinda Marsh, Partner and Monisha Lazarus, Associate The ACNC has recently published a new registration decision summary, which provides guidance on the appropriate charitable subtype for organisations seeking registration as a charity, with a charitable purpose of relieving necessitous circumstances. Summary of ACNC registration decision The ACNC decision summary relates to an organisation that applied for charity registration under the subtype “advancing health”. The organisation aimed to alleviate financial distress for individuals experiencing necessitous circu ..read more

By Belinda Marsh Authors: Belinda Marsh, Partner and Merisa Raic, Special Counsel. The ACNC has published its first decision summary which is part of the new ACNC Secrecy Reforms Project (the Project). The ACNC received funding in the 2023-24 Budget for the project with the aim of improving transparency and providing more information to the charity sector relating to the ACNC’s regulatory and compliance activities. The first published de-identified decision from the Project relates to an application for registration as a charity of an organisation which was legally structur ..read more

By Belinda Marsh Authors: Belinda Marsh, Partner and Ellysia Joannidis, Associate   From 9 November 2023, there will be a change to the unfair contract terms regime which will mean that Courts will be able to impose significant penalties on businesses that include unfair terms in their standard form contracts.  The changes will also give the Courts more powers including the power to issue injunctions and make orders to address or prevent harm caused by unfair contract terms. The changes arises under the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Act ..read more

By Ellysia Joannidis, Belinda Marsh and Joanne Grant Since 2017, the NSW Government has progressively mandated the use of electronic conveyancing (eConveyancing), which is an efficient and secure way of conducting settlement and lodgement transactions within the digital environment. Abolition of Certificates of Title On 11 October 2021, New South Wales will complete its transition to 100% eConveyancing following new mandates by the NSW Government. In completing this transition, we will see two key changes to the NSW Land Titles system as we currently know it: the abolishment of paper Certific ..read more

By Zoe Wu, Belinda Marsh and Joanne Grant   The Treasury Laws Amendment (2021 Measures No 2) Bill 2021 (Bill) which amends the Income Tax Assessment Act 1997 (ITAA 1997) was passed by both Houses of the Parliament on 2 September 2021 and awaits assent. Schedule 1 of the Bill makes charity registration a precondition for DGR endorsement. Current Law The majority of the general DGR categories in Subdivision 30-B of ITAA 1997 currently have a special condition requiring that the fund, authority or institution be: a registered charity; or an Australian government agency; or operated by a re ..read more

By Bill d'Apice and Zoe Wu Charities are required to file their Annual Information Statements (AIS) with the Australian Charities and Not-for-profits Commission (ACNC) each year. We have summarised the recent changes to the Charities’ reporting obligations that you should be aware of. Lifting Financial Reporting Thresholds for Small and Medium Charities At the moment, small charities are classed as those with an annual revenue under $250,000 and are not required to submit financial statements to the ACNC, and medium charities have annual revenue of between $250,000 and $1 million and are only ..read more

By mlustig           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 to the Catholic Church of Australia. That is a tremendous recognition for all that Bill has achieved for the legal profession and the Catholic Church over four decades. Bill commented: “I must say that I was surprised to receive the award because there are so many others ..read more

By Bill d'Apice, Joanne Grant and Belinda Marsh Makinson d’Apice is pleased to announce that Bill d’Apice has been recognised in Chambers and Partners’ Asia Pacific 2021 edition as a ranked lawyer in the area of Charities, for the fourth consecutive year. With the assistance of other professionals within the firm’s Charities & Not-For-Profits team, Bill has been advising and representing hundreds of charities and not-for-profit organisations for decades. Congratulations Bill ..read more

By Joanne Grant We are pleased to announce that the Leadership Team of the Makinson d’Apice Charities & Not-For-Profits Practice Group has expanded following the promotion of two experienced lawyers within the team on 1 July 2020. Belinda Marsh has been promoted to the position of Partner which is recognition of her experience, depth of talent, significant contribution to our practice group and unwavering commitment to our clients over the last 9 years with our firm. Jennifer Paterson has been promoted to Special Counsel to recognise her deep expertise and contribution to our practice grou ..read more

By Bill d'Apice           For the third consecutive year, Bill d’Apice has been recognised in Chambers’ Asia Pacific 2020 edition as a ranked lawyer in the area of Charities. This is a well-deserved acknowledgement and recognition of Bill’s dedication to the sector over many decades. Congratulations Bill. Click here to view the rankings ..read more