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Support your NFP with guidance from Gold Coast not-for-profit lawyers.

Charitable and NFP organisations are important pillars in our community – and they need quality legal advice to help them operate with ease.

That can range from choosing the right structure to managing risk and winding up.

Since 1955, we’ve been helping Gold Coast NFPs stay focused on what matters most: their purposes.

Find out how we can help you achieve yours.

How We Help Gold Coast NFPs and Charities

Entity Structuring

Governance

Fundraising

Regulatory Compliance

Dispute Resolution

Setting Up NFP Organisations

Legal liability, governance, and finances – they’re all affected by the structure you choose for your NFP.

NFPs can be set up as incorporated entities (such as incorporated associations and companies) or unincorporated entities (such as unincorporated associations and trusts). 

Understanding the legal implications of each one is essential.

As your full-service not-for-profit lawyers, we can help you compare options, set up new entities, and transition existing entities from one structure to another.

Fundraising and Appeals Advice

In Queensland, you can’t fundraise without government approval.

Even if you’re registered as a charity or granted a sanction, you need to follow strict regulations around what you’re fundraising for and how any funds are used. 

Those regulations even cover advertising disclaimers and how you can conduct activities like door-to-door sales.

Schedule a consultation to find out more about how our not-for-profit lawyers can help your fundraising stay compliant.

Not-for-Profit Law FAQs

A not-for-profit entity is any organisation that operates to fulfil a purpose rather than benefit its members, owners, or other stakeholders. In Australia, an NFP entity may also:

  • be registered with the ACNC
  • have a not-for-profit clause in its governing document
  • be endorsed as a deductible gift recipient (DGR) by the ATO.

That means an NFP entity doesn’t need to have a specific structure. Companies, trusts, associations and cooperatives can all be NFPs. Different structures do have different operational and tax implications, though, so choosing the right one matters a lot. Your commercial solicitor can help you choose and set up an appropriate structure for your entity.

In Queensland, a person or organisation can apply to raise funds for a charitable purpose. A charitable purpose means providing care, physical aid, resources, or education to someone in distress (which can be due to age, a natural disaster, or various other factors).

A one-off appeal generally lasts less than 6 months and requires approval from the Queensland government. At the end of the appeal period, all funds must be donated or used for the purpose for which they were raised.

Registered charities don’t have a time limit on their fundraising. If you need to raise funds for longer than 6 months, ask your solicitor about partnering with an existing charity. You can also seek an extension from the government.

A charity is a specific type of NFP. In Queensland, a charity must:
  • define its charitable objectives and operating rules in a constitution
  • use its income and assets to fulfil those objectives (rather than benefit stakeholders)
  • be an association of 3 or more people
  • have a not-for-profit clause in its constitution
  • be controlled by a governing body (generally, your management committee). 

As not-for-profit lawyers, we can’t. We can, however, refer you to an appropriately licensed tax specialist.

Our Not-for-Profit Law Team

Rob Ffrench

Senior Consultant – Head of Commercial and Intellectual Property Law

Business & Commercial Law/ Corporate / Trusts / IP / Franchising / Technology / Property / Foreign Investment

P: +61 7 5597 3366Read More

James Gunthorpe

Associate

Commercial and Property

P: +61 7 55973366Read More

Blake Lashmar

Senior Associate

Commercial Team

P: +61 7 5597 3366Read More

Stay focused on your purpose with the right advice.

Book a meeting to find out how we can help.

Schedule A Consultation