Running a charity or not-for-profit organisation (NFP) brings unique opportunities and challenges. To operate effectively and remain compliant, boards and management teams can benefit from tailored legal advice across the full lifecycle of the organisation.

Our team offers deep expertise in establishing and supporting charities and NFPs to meet their obligations and achieve their mission with confidence.

With Cornwalls’ guidance, charities and NFPs can focus on delivering social impact while knowing their legal and governance foundations are strong, sustainable, and compliant.

Governance and structure

• Establishing the right legal structure such as an incorporated association, company limited by guarantee or charitable trust (including Private and Public Ancillary Funds)
• Drafting and reviewing constitutions, charters, and governance policies
• Advising on what charitable or NFP sub-type is most appropriate in the circumstances
• Advising boards and committees on duties, liabilities, corporate governance and decision-making processes

Charity and tax compliance

• Registration with the Australian Charities and Not-for-profits Commission (ACNC)
• Preparation or review of entity business plan to ensure compliance with charitable sub-type requirements in accordance with the Commissioner’s Interpretation Statement (if applicable)
• Securing and maintaining Deductible Gift Recipient (DGR) and tax concession charity status
• Navigating complex legal, reporting and regulatory obligations (including compliance under key legislation such as the Corporations Act, ACNC Governance Standards and the ACNC External Conduct Standards)

Employment and volunteers

• Employment contracts, workplace policies, and compliance with the Fair Work framework
• Managing the rights and responsibilities of volunteers
• Resolving workplace disputes

Fundraising and commercial activities

• Compliance with fundraising laws
• Drafting donor agreements and sponsorship arrangements
• Structuring social enterprises and trading arms to avoid jeopardising charitable status

Risk management and disputes

• Risk frameworks, and safeguarding practices
• Advice on conflicts of interest, member disputes, and regulatory investigations
• Mediation and litigation when necessary

Property, contracts, and IP

• Leasing or acquiring property for operations
• Drafting service contracts and partnership agreements (including with overseas entities to facilitate cross-border partnerships)
• Protecting brand, trademarks, and intellectual property