Legal Advice

We generally don’t help with the following legal matters:

• internal disputes (like a dispute between your organisation and a member, or disputes between board members), however, we have fact sheets on internal disputes and can let you know about free dispute resolution services 

• disputes between two or more not-for-profit organisations, and

• complicated disputes including where court action has been taken or is likely to be taken.

We generally don’t help the following organisations:

• trade unions

• sporting groups

• political associations

• religious organisations

• residential action groups

• statutory bodies

• privately controlled foundations or corporate foundations, and

• for-profit businesses (unless a not-for-profit is seeking to set up a for-profit social enterprise).

We generally do not provide reasons for not assisting in a particular matter.

Are you starting a not-for-profit organisation?

New or start-up organisations should read our Getting Started resources. These resources will help to guide you through setting up a not-for-profit organisation.

• Choosing a legal structure
  Provides you with an overview of the options available for not-for-profit organisations including if you are looking to set up a social enterprise.

• Setting up your organisation
  Once you have decided on a legal structure for your organisation, our resources can walk you through the steps to set it up.

• Registering as a charity
  Offers a plain English guide to what a charity is as well as information on how to register as a charity.

• Fundraising and holding events
  We have a guide to fundraising in Australia as well as a checklist for holding events.

We will generally be unable to assist with any further questions about starting up unless you have read our Getting Started resources and can show that you have:

• clear aims and purposes of the proposed organisation (a draft mission statement for the organisation)

• considered what existing services are available, if a new organisation is needed, or whether you can work together with an existing organisation

• details of the proposed programs and services the new organisation plans to provide or carry out

• given proper consideration to the governance arrangements for the proposed organisation (for example, the names of potential directors or committee members), and

• a detailed financial plan with proper consideration given to potential funding sources.