Birchgrove Legal in Haymarket | Property lawyer

Birchgrove Legal

Locality: Haymarket

Phone: +61 2 9018 1067

Address: Level 5, 233 Castlereagh Street 2000 Haymarket, NSW, Australia

Website: http://www.birchgrovelegal.com.au/

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25.01.2022 Our recent work in a case which saw us achieve a significant outcome for a client. The criminal law matter pertained to serious charges relating to drugs, proceeds of crime and firearms. Read here: https://birchgrovelegal.com.au//our-clients-acquittal-on-/

25.01.2022 Birchgrove Legal working with Facebook to counter Islamophobic hate speech Read more: https://birchgrovelegal.com.au//birchgrove-legal-in-the-c/ We are proud to announce that we have been working hand in hand with both the Australian Muslim Advocacy Network and Facebook to combat Islamophobic hate speech on its platform.... In the early stages of 2020, Birchgrove Legal partnered with the Australian Muslim Advocacy Network to investigate the prevalence of hate speech on the online social media platform. Since discussions have begun, Facebook has accepted almost all short term changes to their community standards and discussions have continued regarding the most adequate and profound long term solution, so as to avoid a band-aid fix to a larger issue.

24.01.2022 The legal challenge for NFP organisations: Compliance, not just initial structuring While a high-level decision to use a specific legal structure is necessary and often very important, the brunt of complexity in legal work in the not-for-profit sector lies in complying with specific requirements on an ONGOING basis. Compliance is not just about reporting and audits but about implementing controls and processes rigorously through every level of an organisation at all times. ... At Birchgrove, our NFP practice lawyers have chosen to work in this area because they share a belief in the importance of Not-for-profit organisations and the value they create for society at large. They are thus across all ongoing requirements and pay the utmost attention to detail, from initial structure to the most detailed compliance requirements. Let our experience help you. Contact us today to see how we can assist with your NFPs legal needs. Visit: https://birchgrovelegal.com.au/ #Law #Notforprofit #compliance #structure

24.01.2022 Sentencing young people for terrorism Birchgrove in the High Court Read here: http://ow.ly/Z5kH50AEMzG In this Case Study, we present a summary of ongoing work our firm has launched fresh High Court action on behalf of the youngest person to ever be convicted of and sentenced for a terrorism related offence in Australia.... The case could create an important precedent when it comes to sentencing young persons for terrorism and other commonwealth offences. For more on our work, visit: www.birchgrovelegal.com.au

24.01.2022 Now more than ever, your most important asset in today’s online, digitally connected environment is your reputation. Whether you are an individual, a business or a not-for-profit organisation, it is crucial to maintain a strong and positive reputation and goodwill in the public sphere. Our Defamation team has a national reputation for having achieved tremendous results for our clients in some of the most public defamation cases over the last half decade. ... For more information, and to see how we can assist you in this area, visit: www.birchgrovelegal.com.au/service-areas/defamation/

23.01.2022 Not-for-profits exist to further a particular cause and to provide much needed social value to the community at large. Often hard pressed for time and resources, many organisations rightly find it challenging to understand and deal with the intricacies of an increasingly complex legal system. Getting the adequate legal support is pivotal if NFPs are going to focus on their mission and spend their time where it is needed most. ... With depth of experience in this space, we understand the challenges NFPs face and have the systems and offerings to assist them in the most efficient way possible. Speak to us to see how we can assist. Visit: https://birchgrovelegal.com.au/ #legaladvice #nfp #legalexperts

23.01.2022 Introducing Birchgrove Legal’s Defamation Practice Our Defamation team has a national reputation for having achieved tremendous results for our clients in some of the most public defamation cases over the last half decade. Whether you are an individual, a business or a not-for-profit organisation, it is crucial to maintain a strong and positive reputation and goodwill in the public sphere... Now more than ever, this is your most important asset in today’s online, digitally connected environment. Over the coming weeks, we look forward to sharing a bit more about our work in the defamation space. For more information, and to see how we can assist you in this area, visit: www.birchgrovelegal.com.au/service-areas/defamation/

23.01.2022 When defamatory publications leave you with little choice but to pursue legal action, you need the best team looking after your intersts. Birchgrove Legal's defamation team has successfully run some of the most complex defamation litigation in Australia, and worked with the best barristers in the industry to obtain outstanding outcomes. We represent our clients’ rights and interests strongly in all proceedings, and have a track record of achieving outstanding outcomes that h...ave won us national recognition in some of Australia’s highest-profile cases. For more information, and to see how we can give you the best chance of success in litigious defamation proceedings, visit: www.birchgrovelegal.com.au/service-areas/defamation/

23.01.2022 How Charity Boards can Improve their Processes Read our Insight: www.birchgrovelegal.com.au//improving-charity-board-proce/ Australian law imposes certain obligations on the responsible entities for registered charities. In this Insight, we look at some of these, and outline practical steps Boards can take to improve their processes and successfully execute their obligations.... Birchgrove Legal specialises in the not-for-practice sector. Our market-leading practice is at the cutting edge of innovative approaches to serving NFP sector organisations across the spectrum of entity types. Find out more about our NFP practice and get in touch with us to see how we can help your organisations: Visit www.birchgrovelegal.com.au/service-areas/not-for-profit/

22.01.2022 Introducing Birchgrove Legals Defamation Practice Our Defamation team has a national reputation for having achieved tremendous results for our clients in some of the most public defamation cases over the last half decade. Whether you are an individual, a business or a not-for-profit organisation, it is crucial to maintain a strong and positive reputation and goodwill in the public sphere... Now more than ever, this is your most important asset in todays online, digitally connected environment. Over the coming weeks, we look forward to sharing a bit more about our work in the defamation space. For more information, and to see how we can assist you in this area, visit: www.birchgrovelegal.com.au/service-areas/defamation/

22.01.2022 A recent insight we published that has been quite popular, and answers a question we are often asked. "While religious charities are the most common type of charitable activity, they do not come with an automatic DGR tax status. We explore this in greater detail in this Insight and look at strategies for charities in attempting to gain DGR status" https://birchgrovelegal.com.au//12/religious-charities-dgr/

21.01.2022 Now more than ever, your most important asset in todays online, digitally connected environment is your reputation. Whether you are an individual, a business or a not-for-profit organisation, it is crucial to maintain a strong and positive reputation and goodwill in the public sphere. Our Defamation team has a national reputation for having achieved tremendous results for our clients in some of the most public defamation cases over the last half decade. ... For more information, and to see how we can assist you in this area, visit: www.birchgrovelegal.com.au/service-areas/defamation/

21.01.2022 Mergers in the NFP sector: What to consider As Not-for-profits consider strategies for the future, it is not unusual for talk of a merger or partnership to take place. Long term interactions or collaborations with other organisations come with a host of legal considerations such as the assignment of risk and responsibilities, remuneration structures and more.... These are often legally very complex issues and need specialist guidance and expertise for organisations to consider what is right for them. If you are looking at mergers with other NFP organisations, consult with us to see how we can help you get it right. Visit: https://birchgrovelegal.com.au/ #Notforprofit #legal #NFP #mergers #M&A

20.01.2022 Protecting your not-for-profit organisation from the gruelling litigation process Not-for-profit organisations need to be protected from a legal perspective, especially when it comes to the litigation process. Litigation proceedings can present significant risks to the reputation and assets of charities and not-for-profit organisations.... Even if they don't wish to do so, Non-Profits should be aware that at some point in their lifetime, they may need to defend a variety of legal actions that can potentially collapse a long-running operation. Contact Birchgrove Legal today to learn about how you can protect your NFP organisation from risk and help optimise its outcomes. Visit: https://birchgrovelegal.com.au/ #Legalexperts #NFP #Litigation

19.01.2022 COVID-19 and the return to work: a primer for employers Read here: https://birchgrovelegal.com.au//covid-19-and-issues-in-th/ In this Insight, we we explore key considerations for organisations and employers as the world begins to open back up and work life begins to return to some semblance of normal. ... Sign up on our website for new Insights, Case Studies and reflections by our team in the time to come. Visit: https://birchgrovelegal.com.au/ #coronavirus #NewNormal #ReturnToWork

18.01.2022 Birchgrove Legal’s defamation team was recently briefed by an F45 Training gym franchise after damaging rumours were spread by a competitor. The messaged originated from the proprietors of another gym following the onset of the COVID-19 pandemic. False and damaging allegations that our client had inadequate procedures in place and exposed their patrons to the pandemic were circulated.... Birchgrove Legal’s defamation team was required to act quickly to stem the reputational and associated financial impact on our client. This impact would have been extremely severe during the peak of concerns regarding public health and gyms as spreaders of the virus. We were quick to act and helped secure outstanding outcomes for our clients. Reparatory damages were agreed by the counterparty and an apology was also issued. If you believe that either you or your business have been the subject of defamatory imputations, reach out to our team for an obligation-free consultation to assess your legal options against the publisher of such remarks. Time is of the essence in such cases and requires an astute legal team that can mobilise quickly. Visit www.birchgrovelegal.com.au/service-areas/defamation/

18.01.2022 Enforcement actions against Charities: How and when the ACNC can act The ACNC announced earlier this year that it plans to review 500 charities this calendar year. The ACNC is equipped with the power to take various actions once reviews or investigations are complete. In this Insight, we explore when and how the ACNC may take this action. Read here: www.birchgrovelegal.com.au//compliance-reviews-or-investi/... If your not-for-profit organisation needs a crystal clear understanding of where it stands in regards to compliance requirements, contact us to discuss your needs. For more on our work, visit: www.birchgrovelegal.com.au/

17.01.2022 In this case study, we highlight our recent success in a criminal law matter, where we represented a client whose parole was revoked by the NSW State Parole Authority (‘SPA’). The SPA had made an order for revocation of the Parole Order issued to the client. The reason for revocation cited by the SPA was that the client’s release into the community had proven not to be in the public interest and that he is not of good behaviour nor adapting to normal lawful community life.... Birchgrove Legal worked successfully to have this outcome overturned on review. Birchrgove Legal continues to achieve significant outcomes for our clients in a range of criminal law matters. If you are looking for an experienced, highly skilled and pragmatic legal team that defends client interests like their own, contact us today. Read more: https://birchgrovelegal.com.au//case-study-challenging-th/

17.01.2022 COVID-19 and the return to work: What you need to know With organisations now re-opening their doors and re-implementing physical workplace arrangements, many have had to adapt their day to day operations. We're pleased to share a new Insight, in which we explore key considerations for organisations and employers.... Read more: https://birchgrovelegal.com.au//covid-19-and-issues-in-th/ Visit: https://birchgrovelegal.com.au/ #covid19 #restrictions #coronavirus #ReturntoWork

17.01.2022 How legal requirements can impinge on a Not-for-profit organisation's time Legal work often involves dealing with highly sensitive and time-consuming matters. Too much time spent dealing with legal and compliance matters may well hinder an NFP from achieving its social mission. Leveraging the experience of legal advisors is critical, but trust in such relationships takes time to develop. This does not occur through one-off engagements but through sustained work that allows l...egal teams to understand an organisation's people and needs. Birchgrove Legal has chosen to work in this area because we share a belief in the importance of Not-for-profit organisations and the value they create for society at large. Speak to us today to see how we can help your organisation save time and fulfil its mission through best-in-class legal advice. Visit: https://birchgrovelegal.com.au/ #NFP #Legalwork #Notforprofit

17.01.2022 An undervalued area of defamation law where we’ve enjoyed considerable success is the pre-publication advice space. While defamatory proceedings are a must if reputational damage has been done, acting decisively and proactively often saves significant cost and headache. Birchgrove Legal has significant experience advising clients and guiding cases prior to publication, taking strategic legal action to avoid unnecessary heartache and damage to our clients. ... Our Defamation team has a national reputation for having achieved tremendous results for our clients in some of the most public defamation cases over the last half decade. For more information, and to see how we can assist you in this area, visit: www.birchgrovelegal.com.au/service-areas/defamation/

16.01.2022 Birchgrove Legal in the High Court - Constitutional and Administrative Law Case Study In this Case Study, we present a summary of recent work our firm was involved in which saw us represent our client in the High Court of Australia. Read here: https://birchgrovelegal.com.au//birchgrove-legal-in-the-h/... We acted in a case concerning the constitutional validity of a section of the Crimes (Serious Crime Prevention Orders) Act 2016 (NSW). The issue before the High Court was whether section 5(1) of the Act was validly enacted, and in particular whether it was inconsistent with or prohibited by Chapter III of the Constitution. For more on our work, visit: https://birchgrovelegal.com.au/

15.01.2022 Birchgrove Legal's expertise in the defamation space extends to individuals and organisations and to all aspects of defamation law. We have extensive experience in both electronic and traditional media such as newspapers, radio, or television. We have successfully fought to protect our clients’ reputations through various remedies in order to maintain and restore their reputation.... For more information, and to see how we can assist you, visit: www.birchgrovelegal.com.au/service-areas/defamation/

15.01.2022 Understanding Directors' duties: What "resources" do charities need to operate? Read here: https://birchgrovelegal.com.au//eligibility-for-charity-r/ Directors have a duty to ensure that charities have the adequate resources to operate and fulfil their mission. This Insight explores this issue, laying out the contours of what charities need to consider to comply with legal requirements. ... Sign up on our website for new Insights, Case Studies and reflections by our team in the time to come. Visit: https://birchgrovelegal.com.au/ #Charities #ACNC #Regulation #Compliance #Directors

15.01.2022 ACNC Governance Standards that ALL Charities Must Meet Read here: https://birchgrovelegal.com.au//eligibility-for-charity-r/ Charities need to consider 5 ACNC Governance Standards (plus 4 External Conduct Standards if you intend to operate overseas) that are critical for compliance with regulations. In this Insight, we look at these standards and what else charities need to consider before registration. ... Sign up on our website for new Insights, Case Studies and reflections by our team in the time to come. Visit: https://birchgrovelegal.com.au/ #Charities #ACNC #Regulation #Compliance

14.01.2022 Criminal Case Study: A strong result in a Joint Criminal Enterprise case READ Insight: https://birchgrovelegal.com.au//criminal-case-study-a-str/ In this case study, we highlight our recent successful work in a criminal law case, where our criminal law team achieved an exceptional outcome in a joint criminal enterprise matter over three years of careful preparation and negotiation with the Commonwealth DPP. ... Birchrgove Legal continues to achieve significant outcomes for our clients in a range of criminal law matters. If you are looking for an experienced, highly skilled and pragmatic legal team that defends client interests like their own, contact us today. For more Birchgrove Legal insights, visit: www.birchgrovelegal.com.au/insights/

14.01.2022 What is the definition of Not-For-Profit? Read our Insight: https://birchgrovelegal.com.au//what-is-the-definition-of/ Under the Charities Act 2013 (Cth), an organisation must satisfy the following in order to be recognised as a charity: be not-for-profit, have only charitable purposes that are for the public benefit, not have a disqualifying purpose, and not be an individual, a political party or a government entity.... In this Insight, we explore the first requirement; that is, the definition and legal requirements of a not-for-profit. For more on our NFP practice, visit www.birchgrovelegal.com.au/service-areas/not-for-profit/

13.01.2022 What happens to a charity’s assets when it is wound up? Our latest Insight: https://birchgrovelegal.com.au//case-insight-what-happens/ What happens to a charity’s assets upon winding up is an important question that charities and NFPs generally do not pay sufficient attention to.... While few people start a charity or NFP with view to ending its operations in the foreseeable future, the reality inevitably is that many charities’ operations are wound up. In this insight, we use a recent case determined in the NSW Supreme Court to highlight how winding up clauses in charities’ constitutions can be crucial in determining what happens with surplus funds and why it is therefore crucial to consider these from inception. For more on our NFP practice, visit www.birchgrovelegal.com.au/service-areas/not-for-profit/

12.01.2022 In this Case Study, we present a summary of ongoing work our firm is involved in representing a client in the High Court of Australia, in a case which could lay an important precedent when it comes to sentencing young persons for terrorism and other commonwealth offences.

12.01.2022 Legal jargon and the not-for-profit sector Law in the not-for-profit sector is not just large in volume, it is also shrouded in a heavily technical legal-speak.... Terminology such as "incorporation," "benevolent institutions, "promotion charities" and others, are all multi-layered and heavily contextual despite SEEMING self-evident. While deconstructing this language is a large part of understanding regulatory requirements, it is increasingly difficult to understand these terms through self-research. This is why NFP organisations need to strongly consider specialist legal expertise to assist them in traversing the law in this area. Our experience allows us to add immense value to our NFP clients. Speak to us today about what we can do for your organisation. Visit: https://birchgrovelegal.com.au/ #Notforprofit #legal #legalspeak #jargon

12.01.2022 Optimising use of time in the NFP sector Organisations in the NFP sector are subject to stringent requirements that stem from the need for transparency and trust in how peoples money is used for the right causes. While these are necessary, they create a great deal of work for organisations that seldom have time to waste. Given the important missions NFPs exist to fulfil, this burden is often a huge drain on time.... Strong legal advisors are a must in the NFP sector. At Birchgrove, we pride ourselves on assisting NFP organisations achieve their important social missions. We invest the time in keeping abreast of the law so our NFP clients can fulfil their socially enriching missions. Speak to us about a potential partnership today. Visit: https://birchgrovelegal.com.au/ #legaladvice #LegalExperts #law #charities

11.01.2022 Birchgrove Legal were recently briefed by an International Not-for-profit, who have offices in over 10 countries. A report had been published by a tabloid newspaper in London citing comments made by a Board member of the organisation which cast the organisation in an inadvertently damaging light. The client came to Birchgrove Legal seeking advice as to their rights and duties regarding their reporting requirements to different regulatory bodies and how to deal with media, as ...well as how best to handle the negative publicity that followed the article’s publication. Birchgrove Legal advised the client as to their rights and responsibilities and helped them successfully navigate through the negative publicity that came with the publication. The organisation emerged out the other side with a clear roadmap of how to deal with the publicity and what steps to take to secure their interests, as well as steps to mitigate the impact of the incident. If your organisation requires legal advice as to their reporting responsibilities, do not hesitate to contact Birchgrove Legal for an obligation free consultation as to your legal options today. Visit www.birchgrovelegal.com.au/service-areas/defamation/

11.01.2022 We received this card recently for a client we worked on a complex case for over the period of 2-3 years. The law is a challenging place at the best of times. Feedback like this from our clients helps keep us going and inspires us to do what is at the core of our firm's ethos: never giving up for our clients. And knowing the difference it makes to them makes it all the more worth it.

10.01.2022 Identifying and Managing Charity Risks READ Insight: https://birchgrovelegal.com.au//identifying-and-managing-c Charity governing bodies have a legal duty to appropriately manage the organisations risks. Effective charity risk management is not just a matter of having a risk management policy and a risk register. It is rather, a process requiring careful planning and ongoing commitment from the directors and officers.... In this Insight, we discuss the overall process of managing charity risk and identify some of the key areas of risk for religious charities. For more Birchgrove Legal insights, visit our website.

10.01.2022 Can employers force employees to download the COVID-Safe App? Read here: https://birchgrovelegal.com.au//covid-19-and-issues-in-th/ In this Insight, we we explore key considerations for organisations and employers as the world begins to open back up and work life begins to return to some semblance of normal. ... Sign up on our website for new Insights, Case Studies and reflections by our team in the time to come. Visit: https://www.birchgrovelegal.com.au/ #COVIDSafe #coronavirus #NewNormal #ReturnToWork

08.01.2022 Can a Not-for-profit Organisations Board Member Earn an Income? One common issue that we come across in our NFP practice is whether an NFP organisations board member can earn an income from the work done for the organisation. The ACNC governance standards for charities require any payment for services provided to be at arms length and at market value. ... Birchgrove Legal continues to provide consistent, reliable advice to many NFP organisations. We actively advise our clients on the interpretation of such provisions, and many other legal issues, on an ongoing basis. If your organisation requires strategic and legal advice in this ever-changing sector, reach out to see how we can assist you. Visit: https://birchgrovelegal.com.au/ #Notforprofit #legal #NFP #expertise

08.01.2022 Birchgrove is hiring: Commercial Lawyer (~5 years PQE) Due to sustained ongoing growth and demand for our services, we have an urgent need for a talented Commercial Lawyer to become a part of our successful practice. We are looking for a generalist corporate lawyer with transactional experience to join our firm, with at least 4 years PQE experience and preferably 5 or more. ... Key skills required: - Strong drafting skills - Client management experience and capability - Ability to delegate and supervise junior staff If you would like to apply to this position, please send your CV to: [email protected] and we will get in touch with you.

08.01.2022 How our NFP Practice Operates Much of our client work in the NFP sector involves assisting Not-for-Profits in their day to day legal requirements and overall functioning. Working with clients on a fixed retainer basis, our Principals are always available to our clients and are only a phone call away.... We advise on legal matters as they arise, closely update the organisation on all upcoming legal obligations and assist in board decision making as required. This approach has seen us advise on an urgent loan agreement, review its corporate structure and governance policies, ultimately provide a holistic legal counsel role to the organisation, with regular health checks. If you need reliable, best-in-class legal advice to assist your NFP on a consistent basis, speak to us today about how we can assist. Visit: https://birchgrovelegal.com.au/ #legal #law #nfp #compliance

07.01.2022 When defamatory material is published and rectification is needed, a strong track record and legal nous are a must. Birchgrove Legal's defamation team pride ourselves on remedying the reputational damage done to our clients post-publication, thinking outside the box and using industry contacts to fashion remedies that contain, mitigate and repair the damage done. We have a track record of achieving outstanding outcomes that have won us national recognition in some of Australi...a’s highest-profile cases. For more information, and to see how we can assist you if you've been subject to defamation, visit: www.birchgrovelegal.com.au/service-areas/defamation/

07.01.2022 Media companies Facebook pages: An important precedent In an important recent case, the Court of Appeal DISMISSED an appeal which sought to challenge a finding that operators of Facebook pages may be publishers of defamatory comments made by Facebook users on news items posted on those pages. In December 2016-February 2017, Fairfax and other media outlets posted news items concerning the incarceration of Dylan Voller in a juvenile justice detention centre in the Northern ...Territory. Third parties posted comments critical of Mr Voller, who commenced defamation proceedings against the applicants claiming that particular comments posted by third parties conveyed imputations that were defamatory of him. The trial judge found that the media companies could be held liable as publishers of those comments, and the Court of Appeal has upheld this decision. The Courts reasons include that each of the media companies accepted responsibility for the use of their Facebook pages for the publication of comments, including defamatory comments, and that they actively invited the making of those comments. This meant that they are publishers of third-party defamatory comments. Visit: https://birchgrovelegal.com.au/ #defamation #Voller #precedent

07.01.2022 What should be in a charity’s business plan? Read our Insight: https://birchgrovelegal.com.au//what-should-be-in-a-chari/ When it comes to "having a plan", the imperative for charities goes beyond the obvious need to have a cogent idea about where they are going, and how it ties in to their broader purpose.... Charities in fact have a very specific obligation under ACNC requirements: the all-important "business plan". In this insight, we explore what this "business plan" is and what charities need to consider in putting one together. For more on our NFP practice, visit www.birchgrovelegal.com.au/service-areas/not-for-profit/

07.01.2022 Are religious charities eligible for DGR Status? READ Insight: www.birchgrovelegal.com.au/20//12/religious-charities-dgr/ According to the ACNCs most recent Charities Report, the most commonly reported charitable activity by charities is Religious Activity. ... It may surprise you to know that most religious charities are not automatically eligible for Deductible Gift Recipient status as a religious charity. In this Insight, we explore what DGR status means, whether religious organisations are eligible and some strategies for gaining DGR status for your religious organisation. For more Birchgrove Legal insights, visit our website (above).

07.01.2022 NFPs and Quality Legal Advice While NFP organisations are often affected by cost considerations, quality legal advice has no substitute. While the legal sector has a plethora of providers, real experience in niche segments like the NFP space can be hard to find. More than most other types of organisations, NFPs simply cant afford to bear the consequences of poor legal advice.... With any successful long-term legal relationship, the benefit to clients often emerges over time, as competent advisors engage with and add value to an organisations operations and needs. Birchgrove Legal prides itself on its extensive experience in the NFP sector. We develop and deliver on long-term relationships. Speak to us today to see how we can assist you deal with the challenges that face your NFP organisation. Visit: https://birchgrovelegal.com.au/ #Legalexperts #nfp #law

06.01.2022 Can Charities make a "profit"? In a nutshell: Yes, but there's a bit more to it. Read our Insight: https://birchgrovelegal.com.au//what-is-the-definition-of/ To qualify as a not-for-profit, an organisation's income, assets and surplus funds must be used to achieve its objectives and cannot be distributed to members. However, this does not mean a charity cannot make a profit or operate with an annual modest surplus per se.... In this Insight, we explore how charities can reinvest surpluses to aid themselves in further carrying out their organisational missions. For more on our NFP practice, visit www.birchgrovelegal.com.au/service-areas/not-for-profit/

06.01.2022 Recovering loss and damage to a client in the Construction Industry READ Insight: https://birchgrovelegal.com.au//recovering-loss-and-damag/ We summarise our recent work in recovering significant loss and damages suffered by our client in the building and construction industry as a result of an electrical design firms breach of their duty of care.... The counterparty to this case eventually came to the table and made a settlement offer to our client representing a significant portion of the losses claimed, which was accepted by our client. This case is a good example of being able to resolve disputes without Court intervention by putting your best foot forward. Birchgrove Legal continues to achieve significant outcomes for our clients in civil matters in various industries. If you are looking for an experienced, highly skilled and pragmatic legal team that pursues civil claims with tenacity and determination, contact us today. For more Birchgrove Legal insights, visit our website.

04.01.2022 The Importance of Charitable Purpose Read our Insight: https://birchgrovelegal.com.au//the-importance-of-charita/ In one of our last posts for this year, we look at the purposes for which a charity operates. These are among the most important issues over which the ACNC can choose to review and take action against an organisation. ... In this Insight, we explore the importance of Charity Purpose and why it is important to amend your Governing Document in case your purpose changes. For more on our NFP practice, visit www.birchgrovelegal.com.au/service-areas/not-for-profit/

04.01.2022 New Birchgrove Publication - Defamatory content online READ publication: https://birchgrovelegal.com.au/20//07/defamation-report-1/ The ease and accessibility of the internet means that potentially defamatory content is becoming increasingly widespread on social media outlets and online discussion forums. With this increase, comes the need for greater regulatory responses that will reduce online defamation.... This Insight explores the extent to which online intermediaries (such as social media channels) should be responsible when hosting defamatory content and compare Australias response to that of the US, the EU and Canada. This paper has been authored by Ehab Afiouny, a Solicitor in the Birchgrove Legal team.

04.01.2022 Tax statuses and optionality for NFP organisations Not-for-profits with ACNC accreditation can receive important types of tax exemptions. DGR statuses are an important part of this, helping unlock such exemptions. With DGR status, tax benefits are passed on to donors and thus add to a charitys overall proposition to the public. The achievement of such status is contingent on fulfilling important requirements set by the ACNC and the ATO, which lawyers experienced in the NFP ...sector can help organisations with. Birchgrove Legal has extensive experience in this regard, and we regularly assist NFP organisations set up optimally for such purposes. Contact us today to explore how your NFP organisations can achieve relevant tax and related statuses. Visit: https://birchgrovelegal.com.au/ #Law #Tax #Notforprofit

04.01.2022 ANIC commences defamation action against Moustafa Rashed Birchgrove Legals defamation team was recently briefed by the Australian National Imams Council (ANIC), who held grave concerns over several targeted and highly inaccurate internet publications. ANIC has launched legal action against Mr Rashed asserting that Mr Rashed made a number of false and potentially defamatory imputations about the organisation and its constituent members. ANIC asserts that Mr Rasheds claims a...re clearly false and hold no factual bases. ANIC is the peak body for Muslim Imams in Australia, made up of more than 200 member Imams from each state and territory across the country. It is a validly registered charity and non-for-profit organisation that has always acted in accordance with its charitable aims and in line with Australian law. Read more: https://www.facebook.com/anic.org.au/posts/2661448204144098

04.01.2022 Tightening Requirements: Eligibility for charity registration with ACNC Read here: https://birchgrovelegal.com.au//eligibility-for-charity-r/ In our experience, charities seeking registration face increasing scrutiny in the application process to demonstrate the organisational capacity to comply with ACNC Governance Standards both on an upfront, and on an ongoing basis.... Read our Insight to find out why this is the case, and what new charities need to consider. Visit: www.birchgrovelegal.com.au/ #Charities #ACNC #Regulation #Compliance #Registration

03.01.2022 Over the last few months, we have shared more of our firm with you: our team, our insights and examples of our greatest successes. As we continue our move in a bold new direction, we are delighted to share this video with you which lays out our direction for a challenging new decade ahead. We are excited by what lays ahead, and you're invited!

03.01.2022 New Insight: The Key Eligibility Criteria for Charities Read here: www.birchgrovelegal.com.au//eligibility-for-charity-regis/ There are several factors to consider before setting up and applying to register a charity. In this Insight, we discuss the Australian Charities and Not-for-Profits Commission (ACNC) registration process, including some of the challenges, traps and pitfalls you may face in achieving registration.... Sign up on our website for new Insights, Case Studies and reflections by our team in the time to come. Visit: www.birchgrovelegal.com.au/

02.01.2022 Birchgrove Legal recently represented a client who was charged with one count of possession or use of a prohibited weapon without permit and one count of use of a prohibited weapon contrary to a Weapons Prohibition Order that he was served with three years prior. In contrast to a long possible jail term, we achieved a significant mitigation for our client: a small pecuniary penalty reflecting his good character and all the facts of the matter at hand. Birchrgove Legal con...tinues to achieve significant outcomes for our clients in a range of criminal law matters. If you are looking for an experienced, highly skilled and pragmatic legal team that defends client interests like their own, contact us today. Read more: https://birchgrovelegal.com.au//case-study-an-outstanding/

01.01.2022 Birchgrove Legal case study - Our clients acquittal on 18 charges (Criminal Law) In this Case Study, we summarise our recent work in a case which saw us achieve a significant outcome for a client. The criminal law matter pertained to serious charges relating to drugs, proceeds of crime and firearms. Read here: https://birchgrovelegal.com.au//our-clients-acquittal-on-/... In this case, the Birchgrove team was quick to identify several significant shortcomings in the prosecution case both in the availability and veracity of evidence against our client. Birchgrove Legal continues to achieve significant outcomes for our clients in a range of criminal law matters. If you are looking for an experienced, highly skilled and pragmatic legal team that defends client interests like their own, contact us today. Visit: https://birchgrovelegal.com.au/ #CriminalLaw #Firearms #Drugs #Defence