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.
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.
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.
Thank you to Corrs Chambers Westgarth for kindly hosting our annual conference this year.
The recordings and slides are now available online.
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 Association; Australian Pro Bono Centre; Australian Law Societies.