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York CathedralLast week, a NSW Supreme Court decision was handed down regarding the fate of a parcel of land on which a church building stands.  The findings of Lindsay J in this case serve as a timely reminder of the obligations and duties of trustees who hold property in their names, in this context, on behalf of a church body.

Facts of the Case

While some of facts of the case were contentious, the findings from Lindsay J paint a straightforward picture of the events that had occurred:

  • In 1978, five men, being members of a small congregation of Christians who worshipped under the name “The Apostolic Christian Church Nazarene-Sydney” (Church), purchased a property in Arncliffe, NSW (Land) for the purposes of enabling the congregation to worship and pray there.
  • While the Land was purchased in their five individual names, there was no doubt that the Land was purchased and used only for the advancement of religion.  The Judge was satisfied that the five individuals intended to hold the Land as trustees for the Church.
    Continue Reading Trustee Duties v Self-Interest – A Battle over Church Property

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.Continue Reading NSW State Legal Conference