[HS] NFP & Charities: Strategies for Legal, Regulatory and Commercial Risks

Join this essential conference to examine governance and financial integrity in the not-for-profit sector. Learn from industry, legal and accounting experts and thought leaders about imperative strategies and best practices to manage conflicts of interest, diversify revenue streams, and navigate pathways to merger. Hear about all important steps to take with response planning, mitigation and incident detection of cyber breaches. WEB249N11

Description

Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories

Session 1

Regulatory Compliance, Governance and Mergers for NFPs & Charities

Chair: Dr. Mark Fowler, Principal, Fowler Charity Law

9.00am to 10.00am Balancing Compliance and Agility: A Challenge for NFPs

  • The regulatory requirements of complying with the ACNC Governance Standards
  • What the standards mean in practice for small to medium NFPs who aren’t ‘Corporatised’
  • Maintaining the community ethos of your NFP while meeting your regulatory obligations

Presented by Dr. Rateb Jneid, Lawyer, DTS Legal

10.00am to 11.00am Navigating Conflicts of Interest and Related Party Transactions for Charities

  • Overview of obligations imposed on registered charities
  • ACNC Guidance on Conflicts of Interests and Related Party Transactions
  • Recent regulatory response to non-compliance matters    
  • Practical tips for developing effective policies and procedures

Presented by Richard Hundt, Principal Lawyer, Hundt Law

11.00am to 11.15am Break

11.15am to 12.15pm Pathways to Merger for Not-for-Profits

  • A guide for not-for-profit organisations considering merger or acquisition
  • Common forms of merger and key considerations when analysing the options available
  • Legal structure essentials and how this may dictate the forms of merger for your organisation
  • Key stages in the merger process
  • Essential elements of due diligence for not-for-profits

Presented by Rebecca Lambert-Smith, Practice Leader, Moores

12.15pm to 1.15pm Cyberwarfare Strategies for NFP's: Incident Response and Real-World Examples

  • Threat actors: who, what and why
  • A threat and landscape overview: capabilities, resources and tactical procedures
  • Response planning, mitigations and incident detections

Presented by Andrew Constantine, Founder and Managing Director, CIO Cyber Security

 

Session 2

Tax Obligations and Commercial Strategies for NFPs & Charities

Chair: Vera Visevic, Partner, Mills Oakley

2.00pm to 2.45pm Diversifying Revenue Streams: Navigating Commercial Activities for Charities

  • Understand why charities are diversifying revenue streams, including growth, sustainability, and reducing dependency risks
  • The increasing engagement of charities in commercial activities as a viable option
  • Effective methods for framing revenue-raising activities
  • Learn how to differentiate between purely commercial activities and those aligned with charitable purposes
  • Understand the potential impact of engaging in commercial activities on charity registration and tax concessions

Presented by Darren Fittler, Partner, and Elizabeth Lathlean, Lawyer Gilbert + Tobin

2.45pm to 3.30pm Reporting and Tax Obligations for NFPs: Why it Matters?

  • Overview of NFPs reporting obligations (to who, what for, and when?)
  • Why does it matter?  The importance of complying with reporting and tax obligations
  • Recent changes to eligibility requirements for NFPs to self-assess as income tax exempt
  • Incorporating reporting and tax considerations into your NFPs annual governance health check

Presented by Catherine Nufer, Special Counsel and Chartered Tax Adviser, Hamilton Locke

3.30pm to 3.45pm Break

3.45pm to 4.30pm Employment Taxes Update for Not-for-Profits and Charities

Latest tax considerations, recent changes and emerging issues regarding areas such as:

  • Salary packaging opportunities
  • Electric vehicles and FBT exemption
  • Common FBT traps
  • Dealing with superannuation shortfalls
  • Differences between employees, volunteers, and contractors
  • Payroll tax exemptions for charities
  • And more!

Presented by Elizabeth Lucas, Partner, Employment Solutions, Grant Thornton

4.30pm to 5.15pm GST, NFPs and Affordable/Social Housing

  • GST for NFPs generally
  • GST-free treatment for some accommodation:
    • 75% of market value (or cost): how to determine in practice
    • Government programs – complications to be managed
    • Private sector partnering structures
  • Build to Rent

Presented by Rhys Penning, Partner – Indirect Tax, GST, Grant Thornton 

 

Presenters

Dr. Mark Fowler
Mark Fowler’s specialist areas of advice include the law applying to schools, international aid organisations, retirement villages, aged care facilities and religious organisations. Mark also has a breadth of experience in property and commercial law, with a particular focus on the affordable, community and social housing sectors. Mark has advised many leading national and international charities across these fields. Prior to establishing Fowler Charity Law Pty Ltd in 2019, Mark was a Partner in leading national charity and not-for-profit law firms located in Sydney and Brisbane. He is an Appeals Panel member for the Australian Council for International Development (ACFID), the peak body for Australian non-government organisations (NGOs) involved in international development and humanitarian action. He is a member of the Australian Charities and Not-for-Profits Commission Professional Users Group and has served as a member of the Queensland Law Society’s Human Rights Working Group. Mark is also an Adjunct Associate Professor at the University of Notre Dame, School of Law, Sydney, and an Adjunct Associate Professor in the Law School at his alma mater, the University of New England. He is also a Research Scholar at the Centre for Public, International and Comparative Law, University of Queensland.

Richard Hundt
Richard is an experienced lawyer who has provided legal advice to government, private, not-for-profit, and high net worth clients on a wide range of general corporate and commercial matters, along with advice specific to the charities and not-for-profits sector. Richard has been admitted in the High Court of Australia and Supreme Court of Queensland. He is an active member of the Queensland Law Society’s Not-for-profit Law Committee, a member of the Institute of Community Directors, along with a member of the ACNC Professional Adviser Forum.

Rebecca Lambert-Smith
Rebecca is a Practice Leader in the Corporate Advisory team and heads up the For Purpose team at Moores. Rebecca provides expert advice to charities, not-for-profits and social ventures on a wide range of legal and governance matters. As a trusted advisor to For Purpose clients experiencing creation, crisis and change, Rebecca enjoys helping clients navigate the challenges of the current regulatory environment. This includes helping new organisations get established, providing complex structuring advice, improving governance, resolving internal disputes and responding to ACNC investigations. Having served on a number of Boards, Rebecca understands the competing priorities of modern governance. She regularly provides Board training and presents seminars and webinars to the For Purpose sector. Rebecca formerly practiced in commercial litigation.

Andrew Constantine
Andrew Constantine is a cyber security red teamer - working with corporate ASX organisations to enhance their cyber security posture using cyber warfare and cyber security attack simulations to raise awareness. , He's the founder of CIO Cyber Security a private advisory firm working with Cyber Security Leaders to enhance and build a better response to attacks.

Vera Visevic
Vera Visevic heads up the Sydney NFPs, Human Rights and Social Impact team at Mills Oakley. Acting for numerous charities, religious and not-for-profit organisations, Vera has 30 years' experience in the profession. In the not-for-profit sector, Vera focuses on constitutional reviews, mergers, governance and fundraising issues and regularly advises on ACNC and ATO endorsements. Vera is an author in "Charity Law", European Lawyer Reference (2012, 2016 and 2018). Vera sits on a number of Not-For-Profit boards and committees.

Darren Fittler
Darren Fittler is the lead partner in Gilbert + Tobin’s Charities + Social Sector group. Darren specialises in the provision of legal assistance to charities, not-for-profits and social impact organisations, including large and small charities, overseas aid agencies, community organisations, environmental and cultural organisations, corporate foundations, religious organisations and congregations, industry associations and private families and individuals. Darren’s expertise in laws and circumstances unique to charities, not-for-profits and social impact organisations and his generalist corporate and commercial law experience enables him to provide innovative, holistic, strategic and targeted legal advice and practical guidance. Best Lawyers 2021 recognises Darren in Non-Profit/Charities Law and Chambers Asia Pacific 2020 ranks Darren in Band 1 for Charities. Darren was named in the 2015 Australasian Lawyer Hot List as a “Pillar of the Community” and was the recipient of the 2014 Human Rights Commission Law Award in recognition of his long term commitment to assisting not-for-profit and charitable organisations. Darren is the author of two chapters in the Thomson Reuters NFP Best Practice Manual and the chapters on not-for-profit organisations and NSW incorporated associations in the NSW Lawyers Practice Manual. He is a volunteer director of Vision Australia and has previously held roles on the boards of numerous charities. Darren also attended meetings at the United Nations in New York, helping in the development of the International Convention on the Rights of Persons with Disability.

Elizabeth Lathlean
Elizabeth Lathlean is a Senior Lawyer in Gilbert + Tobin’s Charities + Social Sector group. Elizabeth specialises in the provision of legal advice and assistance to charities, not-for-profits and social sector organisations. She provides expert assistance on all areas of charity and not-for-profit regulation and compliance, as well as acting in relation to mergers and acquisitions, restructuring transactions and corporate governance. Elizabeth is a non-executive director of CBM Australia, a registered charity and international development organisation. Best Lawyers 2024 recognises Elizabeth for her work in the area of Corporate Law.

Catherine Nufer
Catherine offers experience in a wide range of complex taxation matters including, income tax, capital gains tax, corporate tax, GST and state taxes (stamp duty, payroll tax and land tax) in all Australian jurisdictions. She advises and implements effective structures for transactions and asset ownership, as well as assists clients with structuring and restructuring in a tax effective manner. She also has experience in tax controversy matters (including audits, objections and appeals), with both the ATO and the various state revenue authorities. Catherine also offers significant experience in not-for-profit and charities law, regulations and governance issues and regularly advises companies, incorporated associations, unincorporated associations, charitable trusts and entities established under Letters Patent. Catherine is a Non-Executive Director and the Treasurer of Flipside Circus Ltd, a Brisbane based circus arts charity and is passionate about the challenges facing not-for-profits and charities in Australia. Catherine is able to provide collaborative, practical and commercial solutions for a wide range of clients, including not-for-profits and charities, high-wealth individuals, privately owned companies and large corporations, across of range of industries.

Elizabeth Lucas
Elizabeth has extensive experience in providing fringe benefits tax, salary packaging and employment tax advice to not-for-profit bodies, corporate clients and Government organisations. She is passionate about helping her clients to achieve optimal outcomes for both the organisation and its employees. Elizabeth is a significant contributor to her profession and the not-for-profit sector in particular.  She has chaired the Tax Institute’s FBT Subcommittee, has served on the ATO’s various FBT stakeholder groups and consultations for many years, and continues to do so, and was a member of the Not-for-profit Sector Tax Concession Working Group reporting to the Federal Government.

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Issues covered include: ALRC, discovery, financial proceedings, disclosure, companies, trusts, partnerships, deceased estate, alternative, restorative justice, mediation, mediator, successful family law practice, costs, billing, growth and development, domestic violence, family violence, trauma, protection orders, parenting orders, evidentiary rules, affidavits, parental alienation, ethics, ethical dilemmas

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Issues covered include: consumer data right, consumer law, ACCC, penalties, Royal Commission into the Financial Sector, employment law, mental health, whistleblowing, regulatory compliance

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Issues covered include: Consumer law, ACCC, consumer data right, ICT, IT contracts, privacy, employment, mental health, workplace investigation, unconscious bias

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Issues covered include: Consumer data right, big data, privacy, mandatory data breach reporting, GDPR, Banking Royal Commission, ACCC, consumer law, ACL, corporate social responsibility, modern slavery, ethics, mental health, practice management, workplace investigation

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Issues covered include: admissibility, advanced rulings, expert evidence, contracts, deeds, Royal Commissions, compulsory examinations, privilege, waiver, advocacy, interlocutory & urgent applications

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Issues covered include: Retail shop lease dispute, tenant, landlord, Retail Leases Act, QCAT, retail tenancy disputes, retail leasing, mediation, leasing disputes, combustible cladding, asbestos, tax, fitouts, depreciation, lease incentives, GST, commercial tenancies, market overview.

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In its 6th year, the Geelong 10 points in One day program offers insights from the industry front line practitioners. You don't have to travel to the CBD to gain updates of current topics and gain your compulsory CPD units. Attend the full program or choose the sessions most relevant to your practice.

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Issues covered include: Win and Retain more Clients, Stress Management, Privileged Evidence and Avoiding Inadvertent Waiver, Contract Disputes and Settlement of Litigation, Exclusion, Indemnity and Insurance Clauses, Insolvency Law Reform, Post-employment restraints, Property, Retail and Commercial Leasing.

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The vast majority of businesses in Australia are small businesses, so you better be prepared to provide up to date and expert advice when a small business client comes to you for help. That means being across the game changing developments stemming from the budget, the election and the Banking Royal Commission. Eleven experts working on small business advisory will give you the latest updates and cutting edge strategies on all of the key issues your small business clients will expect you to know.

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Issues covered include: immigration for business and investors, foreign investment, non-residents doing business, non-residents doing family business, owning a property, anti-money laundering, tax considerations and non-residents, estate planning, administration and sucession for migrations and foreign investors

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Issues covered include: exceeding expectations, plain English techniques, business acumen, resilience and wellbeing

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Issues covered include: Narcotic Drugs Act 1967, Medico Legal aspects, in-house counsel perspective, Courts, prescribing in the clinical setting

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Issues covered include: workplace discrimination, religious organisations, estate planning, crime, parenting, child support, parental rights

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Issues covered include: Technology, Blockchain, WayBack Evidence and Domain names, Directors liability, Quality and financial control, Ethics, manner of manufacture, Infringement, latests cases and developments.

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Issues covered include: Family court proceedings, Subpoena, Separation, Divorce, Family violence, Litigation, Evidence, New Redress Scheme, Child Safety Obligations, Royal Commission, Civil Claims for Institutional Abuse, Criminal Liability and Sexual Abuse, Child Safe Standards.

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Issues covered include: Financial Adviser Standards and Ethics Authority (FASEA) Update, TBAR, Royal Commission, Pension options, SMSF Deed, Superannuation contributions, non-concessional contributions, Transfer Balance Account, Super Death Benefits, Binding death benefit nominations, blended families, incapacity.

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Issues covered include: Enterprise value, Tax strategies, Pre-Sale Restructuring, Selling Business with Property, CGT exemptions, Concessions, Property structure, Business valuation methodologies, Preparing a Business for Sale, Equity transfer to family, Third party sale, tangible and intangible assets, Intellectual Property, Privacy and Data Protection, M & A Merger and Acquisition.

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2019 is a significant year for the retirement village and aged care sectors. The Royal Commission is shaking up the industry, elder abuse and tax law are changing, and there are big shifts in integration and funding issues. Plus the many risks in estate planning, capacity, technology and more. With so much unrest in the sector it’s now more crucial than ever to stay up to date with the latest developments. Equip yourself with the strategies necessary to handle these issues for you client or organisation.

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Issues covered include: Tenancy, tenants, franchise lesing, office sharing, subleases, Dispustes, Variation, Surrender provisions and Termination of Leases, remedies, defaults and damages, co-tenancy, covenants, breaches, insolvency, financial issues and risk, Outgoings, Guarantees, Insurance, Indemnities, Case and Legislative Update.

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Issues covered include: Supreme Court of New South Wales, Service of Notices in Probate, Affidavit of Service, Grants of Probate and Administration, Letters of administration on intestacy, Special and limited grants, Taxation, executor and trustees, stamp duty, foregin estate, income tax, Probate case update decisions.

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Issues covered include: Sexual Harassment, Bullying and Work Safety Claims by Independent Contractors, Fair Work Act and Work Health and Safety Act, Uber and the Point to Point Transport Industry, Sham contracting, who is a contractor, who is an employee.

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Issues covered include: Finance and Property proceedings, Dispute Resolution, Pre-nuptial and nuptial agreements, Family Law Settlements, Transfer of tax debt, Bankruptcy, Spouse Maintenance orders variation, post-separation contributions, Accrued Jurisdiction of the Family Court, Contravention applications, Arbitration.

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Issues covered include: National Redress Scheme, Vicarious Liability in Civil Liability Amendment (Organisational Child Abuse Liability) Act, Expert evidence, Royal Commission into Institutional Responses to Child Sexual Abuse, Medico-Legal.

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Issues covered include: Admissibility of expert evidence, High Court and Court of Criminal Appeal, Evidence Act, Admitted facts, Uncontested facts, Disclosure and Privilege, Tendency and Coincidence Evidence.

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Issues covered include: Statutory unconscionable conduct, Indemnities, Contract drafting, Incorporation of Contractual Terms, case law, Jeffrey Goldberger, Special Counsel, Norton Rose Fulbright.

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Issues covered include: Proposed Acquisition Notice, Powers of resumption, Assessments, Instructing Experts and Maximising Expert Evidence, Land valuation assessment and methods, partial acquistion, business valuation and compensation.

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Issues covered include: Phoenix business activities, tax case update, historical loans, unpaid present entitlements, small business restructuring, practical tax solutions for small business

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Issues covered include: wealth accumulation, property tax, insurance payment, cryptocurrency, client's marriage, separations, family and accounting, succession and estate plannning

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Issues covered include: intent, purpose, context and structure, practical problem solving, judicial review, repeal of statute

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Analyse decision making and reason writing and then work through an in depth, interactive workshop where the presenters will examine, dissect and reconstruct a decision in this unique, can’t-miss workshop.

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Issues covered include: 'Ultimate Consumer' test, heads of agreement, guarantees, assignment, special tenancy arragement, lease documents interpretation, breaches of lease, termination

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Facing family law issues in your school? We have a step by step guide to guide you. Dealing with child safety risks? We’re offering real world guidance from the legal, law enforcement and principal perspectives. Want all your questions answered? Our interactive panels are tailor made for you. And that’s just the start of what you’ll gain from this unique, can’t miss event.

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Issues covered include: capacity, unconscionable conduct, sexual issues, privacy, data security, convergence and seniors living

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Issues covered include: three way examination, inspections, defaults and penalties, case law

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Issues covered include: Trademarks, patents, parallel imports, protection of IP in China, policy register for IP Australia, patent remedies, patent drafting,

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Issues covered include: terrorism offences in Australia, prosecuting home grown terror plots, trends in terrorism, human exploitation

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Keep yourself updated on the psychology and the legal trends in psychological and psychiatric injury claims, including bystander PTSD claims. With claims on the rise, understanding both the medicine and the law is essential for all practitioners working in this area. Straddling the medical and legal worlds, this seminar offers a better understanding of how medical professions form their assessments and evaluate claims, and you will gain an update on the Work Accident and TAC claims.

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Issues covered include: third parties in family law disputes, problem solving, property settlements, family violence amendments, alternate dispute resolution

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Issues covered include: serving of notices in different types of probate proceedings, digital assets and the afterlife, probate litigation

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Issues covered include: Parents, legal disasters, Privacy law, mental and physical health of staff, misconduct, disability and discrimination obligations, race, sex and gender identity, children with physical and learning disabilities

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