The Charity Law Association of Australia and New Zealand (CLAANZ)

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News


Roundtable: New Zealand's Charities Amendment Act 2023

Date: Tuesday 19 March 2024, 1pm NZDT / 8am AWST / 11pm AEDT, online via Zoom

Register here

Following the passing of the Charities Amendment Act 2023 in New Zealand, we invite anyone with an interest to come together online to share notes and thoughts on how the amended New Zealand Charities Act is working in practice, what frustrations and outcomes are being observed that are hindering genuine pursuit of charitable purposes, and where to from here?


2024 CLAANZ Annual Conference: Global issues facing charities

Thursday 4 July - Friday 5 July, 2024, National Library, Wellington (NZ) and online


The 2024 conference will be held in Wellington, New Zealand. Save the date, more details to come. As in previous years, the CLAANZ AGM will follow the conference.


Webinar: Donor Advised Funds & Community Foundations: An Asia-Pacific Comparison of Public Philanthropic Intermediaries

Tuesday 12 March, 11am AWST / 2pm AEDT / 4pm NZDT, online via Zoom

Register here

Please consider joining Professor Ian Murray, Chair of CLAANZ, in conversation with Professor Masayuki Tamaruya, Professor of Law at The University of Tokyo, for this special webinar.


Over the last few decades many developed countries have seen a desire on the part of a greater range of donors for more sophisticated and strategic forms of giving. This reflects a range of factors, including changes in social expectations, improved data and data-tools (such as Candid, Tencent Charity and the creation of public charity registers) and the greater availability of institutional forms such as foundations or quasi-foundations. In the United States, such factors are linked to an explosion in the creation of ‘donor advised funds’ (DAFs); being management accounts within a public charity in relation to which the donor can advise their preference for how funds should ultimately be distributed. DAFs appear to offer many of the benefits of a private foundation, without the cost of establishing a new foundation, whilst also being subject to less onerous regulation. Unsurprisingly, this has caused significant consternation about DAFs. For instance, donors enjoy immediate tax breaks while sitting on large sums of money which are not disbursed in a timely manner.


Much comparative work centres on the United States. However, that is not necessarily because there is any less of a desire for institutional support for strategic giving in other jurisdictions. Indeed, as will be discussed, in many jurisdictions, community foundations have prime place in meeting these desires. Accordingly, this presentation takes a very different cross-section, comparing the presence and use of public philanthropic intermediaries such as DAF sponsors in the Asia-Pacific (focussing on Australian and Japan). In addition to providing a comparative account of public philanthropic intermediary regulation, the key contribution it seeks to make is to consider the way in which the advantages and disadvantages of public philanthropic intermediaries might suit them to the contexts of these different jurisdictions and therefore help predict whether they are likely to be a significant feature of the philanthropic landscape and whether they are likely to cause the worries that have surfaced in the United States. 


 

2023 CLAANZ Annual Lecture and 4th John Emerson AM Oration

Wednesday 29 November 2023, Sydney and online


The Charity Law Association of Australia and New Zealand, in conjunction with the Law Council of Australia Legal Practice Section's Charities and Not-for-Profit Committee, and the University of Sydney Law School, hosted the CLAANZ Annual Lecture and 4th John Emerson AM Oration.

The Oration was delivered by the Hon Justice Mark Leeming, New South Wales Court of Appeal and Challis Lecturer in Equity Sydney Law School, on ‘Statutory Eucalypts in the Law of Charity’. The address focussed on the often hidden interaction between statute law and equity as it relates to the law of charity.

In promoting its objective of charity law education, CLAANZ holds an Annual Public Lecture, which is open to anyone with an interest in charity law and the not-for-profit sector. The Annual Lecture addresses key, contemporary legal issues in the charity and not-for-profit sectors in Australia and New Zealand.

This event was not recorded.


2023 CLAANZ Conference and AGM

Thursday 27 July 2023, Melbourne and online

Thank you to Corrs Chambers Westgarth for kindly hosting our annual conference this year.

The recordings and slides are now available online.








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Please note - if you are seeking legal representation or advice: This is not a law firm and we are therefore unable to provide any legal advice, nor are we able to recommend any law firms. These sites may be of assistance to you: Australian Bar AssociationAustralian Pro Bono Centre; Australian Law Societies.