New Privacy Laws, Trade Mark Disputes & ACNC Governance Standards
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Not-for-Profit Law Notes - Emil Ford Lawyers
February 2016
Dear <<First Name>>,

I hope that 2016 has begun well for you.  There is every indication that you will need to have had a good rest over the Christmas/New Year holiday period to prepare yourself for the legal and tax developments that are likely to face us this year.  With a federal election to be held soon, the Government has already initiated a debate on tax reform.  The not-for-profit sector will not escape scrutiny.  As mentioned in these Notes, there are proposed new privacy laws that will affect all those who maintain data on donors and supporters.

Also in this issue of Not-for-Profit Law Notes:
  • we conclude our series dealing with the duties of board members; and
  • we note some trade mark issues.
Emil Ford Lawyers looks forward to keeping you informed of what's happening in the law as it affects charities and other Not-for-Profits. 

Enjoy the read!


David Ford
New Privacy Laws could be on the way
Proposed amendments to the Privacy Act 1988 could mean the introduction of a mandatory reporting scheme for serious data breaches.  This reporting scheme would apply to all entities bound by the Privacy Act:  essentially, any organisation with an annual turnover over $3 million.

The Attorney General's Department is calling for submissions from interested parties by 4 March 2016.
Read more ...
ACNC Governance Standards:
"Not to allow a charity to operate while insolvent"

Board members must ensure that their charity can pay its debts when they are due. This is called being solvent. If a charity is unable to do this, it will be insolvent. Board members must not allow their charity to continue to take on new debts (for example, wages, rent and equipment lease payments) if they know the charity will not be able to pay those bills when they are due.

Read more ...
Trade Mark Disputes - where legal advice saves money

A recent decision of the UK Intellectual Property Enterprise Court provides a timely reminder of some of the issues in trade mark law of which charities should be aware.

The case involved a trade mark dispute between two charities with similar names and logos.  The outcome of the case provides important lessons for charities.

Read more ...
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