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LIV Not for Profit and Charities Law Committee – A Year in Review

LIV Not for Profit and Charities Law Committee – A Year in Review

By Derek Mortimer

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The LIV Not for Profit and Charities Law Committee is active in contributing to not for profit and charities law reform and contributing to professional development seminars on not for profit and charities law developments – and 2020 has been no different.

The Not for Profit and Charities Law Committee (the Committee) is part of the Commercial Law Section and includes practitioners from large firms, sole practitioners, Victorian Bar and In-House Counsel.

The Committee is involved in running professional development seminars in conjunction with the LIV CPD Department with presenters from the profession and Government Regulators speaking on key decisions in the area of not for profit and charities law.  The most recent presentation was held on 2 March 2020 and featured a keynote address by the Honourable Justice Sifris on his judgment in The Presbyterian Church of Victoria Trusts Corporation v Anstee, Nuske, Evans, Holman, Kerrs & Ors (No 4) [2018] VSC 200.  Other speakers at the event were Jennifer Batrouney QC, and Anna Longley, Assistant Commissioner General Counsel, Australian Charities and Not for Profits Commission.

With the success of the event held in March, the Committee has begun discussions with LIV CPD Department on another dedicated charities law CPD event, most likely to be held around April 2021.

The Committee expects to finalise the outline and speakers for the program immediately after the 2020 holiday break and hopes to informally liaise with the Charity Law Association Australia New Zealand to promote the event.

The Committee’s Professional development initiatives are part of a broader legal policy and advocacy focus of the Committee.  Earlier this year, the Committee contributed to an LIV omnibus submission ‘Better Regulation and Reduction in Red Tape’.  The Committee contributed to the part of this submission that addressed harmonisation/federalisation of fundraising. 

In addition to formal submissions, the Committee has representatives who regularly attend the Australian Charities and Not for Profits Commission’s Sector User Group and Professional Advisors Group and report back to the Committee on charities and not for profit law matters.

More recently, the Committee has been holding presentations during Committee meetings on areas of not for profit and charities law.  These presentations have included topics such as Tax Ruling TR97/ 22 Income Tax exempt sporting clubs and a NSW Revenue Ruling Foreign surcharges and discretionary trusts, and the possible impact that Ruling may have for charitable giving overseas.

The Commercial Law Section’s Not for Profit and Charities Law Committee remains committed to delivering quality Professional Development seminars to members and engaging with stakeholders and Government on not for profit and charities law reform and policy development.

If you would like to learn more about the Not for Profit and Charities Law Committee and how to become involved, please email Claudia Lavery, Policy Officer at clavery@liv.asn.au.


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