Community & Associations Newsletter – June 2017
Published on June 1, 2017 by Josephine Heesh and Julia Harrison
Welcome to the June edition of the Community & Associations newsletter. In this edition, our team:
- Review the strategies recommended by ACNC to help non-profits combat the risk of money laundering and terrorism financing;
- Provide an overview of the latest developments on the funding of community legal centres;
- Give an update on the Asher’s Bakery case;
- Highlight some new school governance issues;
- Analyse the law surrounding Memoranda of Understanding (MOUs); and
- Deliver some Good News.
The Carroll & O’Dea Community & Associations Team
ACNC UPDATE
Combatting money laundering and terrorist financing
On 24 May 2017 the ACNC co-hosted a seminar with Deloitte on the topic “Reducing the risk of money laundering and terrorist financing to the Australian non-profit sector”.
Josephine Heesh, Partner
Merryn Lynch, Solicitor
Community Legal Centres Receive Funding Boost From Federal Government In 2017 Budget:
On 24 April 2017 the Coalition Government announced that it would reverse a planned reduction in funding cuts to community legal centres. The community legal services sector had been bracing itself for a 30% funding cut to commence on July 1 2017.
The proposed funding cuts would have seen the sector slash services and staff members. Many of the legal centres had already factored in the funding cuts by terminating services and staff.
Julia Harrison, Partner
Katherine Driscoll, Solicitor
The Asher’s Bakery Case: An Update
The Asher’s Bakery Case appears to have taken on a life of its own since we last reported on it.
Josephine Heesh, Partner
Merryn Lynch, Solicitor
The Principal’s Report: A Short Update on School Governance for Non-Government Schools
Is your school financially viable?
It is a requirement under section 47(1)(a1) of the Education Act 1990 (NSW) (the Act) that non-government schools be “financially viable”. The question is: how does a school determine that it is financially viable?
Josephine Heesh, Partner
Jessica Lobow, Associate
Misunderstood: Understanding Memoranda of Understanding
A Memorandum of Understanding (MOU) is generally used to record the basic terms of a transaction, in advance and in anticipation of more detailed and legally binding terms and conditions.
A MOU is not usually legally binding, however, it can be binding if it satisfies the six elements of a contract, set out below:
Josephine Heesh, Partner
Michael Crowe, Associate
Good News
Carroll & O’Dea was recently nominated under the Australasian Law Awards as best Law Firm of the Year for 2017 with between 1- 100 lawyers.
Although the firm did not win the prize it was among a small group of finalists recognised for competency in the legal market place. A number of the firm’s cases have recently made headlines, including:
- Lucinda Gunning’s record breaking award of greater than $1m for a workplace harassment claim;
- Maithri Panagoda and Hayley Aldrich’s work now having settled more than 100 claims for members of the stolen generation; and
- Julia Harrison’s recently securing a large award for a seriously disabled man.
The firm is eager to assist not- for- profit start ups by providing initial consultations free of charge and then guiding the energetic and imaginative promoters of these operations, with set up of an appropriate structure for the achievement of their passions. We have recently assisted a group of young people wishing to work with children in East Timor, an Islamic community association seeking to support youth in western Sydney, a group supporting community building in western Melbourne, and many organisations readying themselves for the National Disability Insurance Scheme. We applaud the initiative of these individuals and groups and are proud to play a small part in their journey.
