Not-for-profit
Our work in the not-for-profit (NFP) and charity sector is an integral part of McCullough Robertson.
Our team lift the burden of regulatory compliance, governance, and capacity issues so that our clients can focus on what they do best – helping others.
We have extensive experience partnering with clients in the not-for-profit and charity sector spanning health, education, arts and culture, family and community services, community housing, First Nations communities, and aged care.
Lawyers to support every aspect of your not-for-profit or charitable organisation
We provide full-service support from across McR, with specialist expertise in corporate, governance and restructuring, taxation, employment relations and safety, property, planning and finance and regulatory advisory.
We take our commitment to this sector seriously and apply the same level of care, expertise, and enthusiasm to our work in this area as we do for commercial clients.
Corporate, governance, and restructuring lawyers
- restructuring and establishment of charitable entities, group structures, and public and private philanthropic funds and trusts;
- strategic and implementation advice regarding mergers, collaborations and joint ventures in the social infrastructure environment and between values-based organisations;
- governance, board and duties advice including in relation to complex group structures in a charitable setting;
- drafting and reviewing material contracts for complex transactions and services arrangements;
- advising on funding and restructuring options to finance commercial transactions; and
- probity, charitable fundraising endorsement and compliance.
Taxation lawyers
- advising on tax efficient arrangements to minimise the significant duty impact of transactions, including accessing duty concessions and exemptions;
- working with our Corporate and Property teams to ensure GST is appropriately addressed in transaction documents, particularly for those including not-for-profits and charities, as well as residential and NDIS arrangements, which can have complex requirements;
- strategic collaborations, amalgamations and restructures (including transfer of assets and services), demergers and compliance requirements, together with specific advice on income tax, fringe benefit tax, consolidation rules and rollovers; and
- acting on behalf of clients in liaising with both the ATO and State Revenue authorities regarding rulings, audits, objections and tax disputes.
Employment relations and safety lawyers
- advising on performance management, injury management and dismissals, including independent contractor issues;
- workplace investigations and resulting disciplinary matters;
- providing advice and representation about sexual harassment, bullying and discrimination/equal opportunity compliance issues and claims;
- enforcing contractual obligations, particularly in relation to restraints of trade and protection of confidential information;
- advising on and providing representation for industrial disputes;
- drafting employment contracts and confidentiality deeds; and
- interpretation of legislation, industrial instruments and contracts.
Property, planning and finance lawyers
- advice on transaction documentation, including heads of agreements, option agreements, contracts and leases, collaboration agreements, development and management agreements, funding and loan agreements, security documentation and infrastructure agreements;
- preparation of template documents for use across a wide range of future transactions;
- general assistance with conveyancing and funding arrangements;
- advice on planning issues relating to projects, including development approval requirements and conditions;
- advice and assistance on regulatory requirements in relation to the National Disability Insurance Scheme (NDIS) and Specialist Disability Accommodation (SDA), including residential tenancy overlays; and
- assistance with transaction structuring and implementation.
Regulatory advisory lawyers
- advice on statutory interpretation and regulatory compliance matters
- preparation of checklists, flow charts and compliance documentation
- managing and running dispute matters and regulatory investigations
Intellectual property
- due diligence and strategic management of IP assets;
- IP commercialisation;
- research and development, collaboration and sponsorship agreements;
- the transfer, licensing, and assignment of intellectual property;
- trade mark, business name and design registration in Australia and New Zealand;
- advice on brand availability;
- opposition, non-use and removal applications;
- intellectual property audits;
- domain name disputes;
- manufacturing, distribution, service level and supply agreements; and
- confidentiality and non-disclosure agreements.
Community housing lawyers
The McCullough Robertson Community Housing team is passionate about contributing to a solution to the housing crisis gripping our nation. Our team of specialists partner with a diverse range of for-purpose organisations, developers, and sector leaders, supporting a shared vision of helping to address the housing emergency.
For trusted legal expertise contact Aaron Dahl.
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