Sunday April 2012

Speaker at ConferenceSummary – Bill d’Apice and Kylie Maxwell presented to the NSW State Legal Conference on NFP structures and the reform agenda for charities and NFPs on 27 March 2012.

Bill d’Apice and Kylie Maxwell both gave presentations to many lawyers and sector representatives at the request of organisers of the NSW State Legal Conference. They addressed current issues affecting Charities and Not-For-Profits in relation to entity structures, public juridical persons, changes to the laws affecting Public Ancillary Funds, the proposed unrelated business income tax, proposals concerning “In Australia” requirements for certain entities and possible changes to governance requirements with the upcoming Australian Charities & Not-For-Profits Commission.

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Summary – The Supreme Court has passed judgment again on the dispute over church trust property in the Macedonian Orthodox Church.

There has been a long running dispute between the Macedonian Orthodox Diocese of Australia and New Zealand (Church) and the Macedonian Orthodox Community Church St Petka Incorporated (Association).

At the core of the dispute is a contest for control of the affairs of the Parish of St Petka between the Church hierarchy represented by the Bishop and his appointed Priest on the one hand and, on the other, the Association which claims to represent the parishioners.  An essential feature of the dispute is the tension between adherence to church law and adherence to the constitution of the Association.

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Summary – NSW Government Freezes Islamic Schools Funding under Section 21AOld run-down school building

It has been about five years since the NSW Government introduced section 21A of the Education Act which prohibits funding assistance being paid to non government schools operating for profit.

For the first time, to our knowledge, the NSW Government has used this section to freeze funds to a non government school.

The NSW Government is reported to have frozen funding to Sydney’s largest Islamic school, Malek Fahd, after an investigation into payments the school made by way of management fees and backdated rental fees to its owner, the Australia Federation of Islamic Councils, the nation’s peak Muslim body.

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