Charities and Purpose-Driven Institutions

Our team delivers specialised legal advice to charities and purpose-driven institutions, helping organisations navigate complex legal challenges.

Who we are

We are a pre‑eminent national team of specialist charities and not‑for‑profit (NFP) lawyers, providing legal advice and representation across the entire spectrum and life cycle of our clients’ organisations — from establishment and growth through to highly complex disputes, regulatory scrutiny and sensitive claims.

We act for some of Australia’s best known NFP organisations, including religious institutions, charities, educational bodies and human services sector providers.

Our clients include educational institutions (including non‑government schools and early learning centres), charities, health and aged care providers, disability support organisations, out of home and youth residential care organisations, professional and industry bodies, religious organisations, social enterprise and social investment institutions and community organisations. We are also regularly called upon by ASX-listed companies to advise on ESG and modern slavery strategy and compliance.

Our lawyers serve on numerous NFP boards and are recognised as leading experts in the sector.  Our team is rated ‘Band 1’ in Chambers and Partners legal rankings.

We are frequently trusted with matters that are high‑risk, high‑profile and deeply sensitive, requiring technical excellence, together with a genuine understanding of institutional context and the need for maintenance of strategic relationships.

What we do

Our lawyers have a deep and practical understanding of NFPs, charities and faith‑based organisations and the increasingly complex legislative, regulatory and risk environments in which they operate.

We provide legal education, advice and specialist legal representation across all areas of NFP and charity activities, with the capability to service organisations across all States and Territories throughout Australia.

Advisory, structuring and governance

Our expertise includes:

  • Organisational restructures
  • Mergers, consolidations and collaborations
  • Fundraising and philanthropy, including government grants
  • Establishment of charitable institutions, trusts and funds
  • Governance advice, with a focus on helping boards function effectively and lawfully

Our broader advisory work also includes tax exemptions and charity endorsements, welfare and human services advisory work (including out‑of‑home care, disability and NDIS services, settlement services, employment and training, addiction recovery, homelessness and community housing), impact investing, government and funder contracting, the establishment of social enterprises, and cemetery and crematoria law.

Complex claims, disputes and regulatory matters

Alongside our advisory practice, we act for institutions in highly complex, sensitive and often high‑stakes matters, including:

  • Complex litigation in all courts and tribunals across Australia
  • Institutional abuse and misconduct claims, both litigated and unlitigated
  • Insured and uninsured claims, including historical matters
  • Regulatory investigations and enforcement action
  • Administrative and judicial review proceedings and appeals
  • Royal Commissions, Commissions of Inquiry and Coronial Inquests

We regularly advise on matters involving significant reputational risk, multiple stakeholders and intense regulatory oversight. Our work requires careful legal strategy, discretion and a nuanced understanding of our clients’ missions, governance structures and community responsibilities.

We have supported many clients navigating stressful membership disputes within their own NFP organisations, in both faith-based and non-faith-based settings. We recognise that these disputes can be catastrophic for leadership and organisational culture, appreciating the need for a pragmatic approach to ensure the organisation’s survival.

We are particularly well known for our work advising on the Modern Slavery Act 2018 (Cth), assisting faith‑based institutions in responding to institutional abuse claims, and guiding organisations through sensitive matters using restorative justice and pastoral frameworks where appropriate.

We have advised and appeared for many organisations in human services sector Royal Commissions, Commissions of Inquiry and coronial inquests across the past two decades. We have deep subject matter expertise from having supported clients through difficult and highly public sensitive hearings, including helping them in implementing the recommendations and systemic change arising from such experiences within their specific sectors.

Religious institutions and education sector expertise

We have particular depth of experience acting for religious institutions, non‑government schools and early learning centres, including in relation to:

  • Regulatory investigations and compliance action, including in relation to s83C of the Education Act 1990 (NSW)
  • Registration, funding and accreditation issues
  • Child safety, reportable conduct and institutional governance frameworks
  • Sensitive claims requiring careful institutional, pastoral and reputational management

We understand how to provide accurate, timely and strategic legal advice while maintaining a deep understanding of our clients’ organisations — whether a religious institution, charity, school, child welfare agency or other NFP entity.

We have successfully supported organisations in the resolution of disputes brought by members of clergy seeking to be recognised as employees for the purpose of the Fair Work Act 2009 (Cth), acknowledging that religious structures are not always designed in the same way as secular organisations.

Thought leadership and sector engagement

Our team regularly presents to boards, executives, regulators and industry participants across a range of specialist topics, including:

  • Stamp duty and tax exemptions for charities and religious institutions
  • Institutional abuse claims and emerging legal developments
  • Regulatory reform affecting charities and educational institutions
  • Religious freedom and faith‑based governance

Recent projects

  • Acted for one of Australia’s largest charities in its response to the Child Safety Commission of Inquiry, helping it to highlight its sector leadership role
  • Acted for multiple national charitable institutions in their representations to state and federal government on the sustainability of the National Redress Scheme and the current civil abuse claims litigation framework, including providing advice on law reform for the outlawing of ‘claims farming’
  • Restructure of a large cemetery operator due to provisions in NSW legislation scheduling the operator’s abolition and transfer of its assets to another entity, which included negotiating with the NSW Government, drafting a new statute and seeking declaratory relief from the NSW Court of Appeal
  • Drafting a legislative bill and accompanying explanatory memorandum to assist a peak body operating in the charity sector advocating for improvements to legislation impacting Australian charities including the Charities Act 2013 (Cth), the Not-for-profit Freedom to Advocate Act 2013 (Cth) and the Australian Charities and Not-for-profits Commission Act 2012 (Cth)
  • Restructure of the official social service arm of various Dioceses of the Catholic Church

Resources

We publish Third Dimension, our regular publication providing timely and practical insight on legal developments affecting charities, religious institutions, educational bodies and not‑for‑profit organisations.

Sign up to Third Dimension here.

Read the latest edition of Third Dimension below:

 

Access our helpful resources below: