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Birchgrove Legal

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Birchgrove Legal

We are a driven and energetic legal practice located in Sydney’s CBD. We have hand picked a team to deliver decisive solutions to our clients.

Strong representation and reliable advice are the cornerstones of our practice.

23/12/2025

𝗖𝗼𝘂𝗹𝗱 𝗹𝗶𝗴𝗵𝘁𝗲𝗿 𝗿𝗲𝗽𝗼𝗿𝘁𝗶𝗻𝗴 𝗿𝘂𝗹𝗲𝘀 𝗳𝗼𝗿 𝘀𝗼𝗺𝗲 𝗿𝗲𝗹𝗶𝗴𝗶𝗼𝘂𝘀 𝗰𝗵𝗮𝗿𝗶𝘁𝗶𝗲𝘀 𝗯𝗲 𝗵𝗶𝗱𝗶𝗻𝗴 𝘀𝗲𝗿𝗶𝗼𝘂𝘀 𝗽𝗿𝗼𝗯𝗹𝗲𝗺𝘀? The ACNC has told Victoria’s parliamentary inquiry that while a large number of charities are registered to advance religion (about 13,872), a substantial subset (around 7,742) meet the Basic Religious Charity criteria and therefore have reduced reporting obligations — and the regulator says that reduces its ability to act where there may be harm.

𝗟𝗲𝘀𝘀 𝘃𝗶𝘀𝗶𝗯𝗶𝗹𝗶𝘁𝘆 𝗺𝗲𝗮𝗻𝘀 𝗿𝗶𝘀𝗸𝘀 — safeguarding failures, financial misconduct, or systemic harm can go undetected for longer. The Victorian inquiry is focused on recruitment and coercive practices and must rely on accurate data and strong reporting to protect people without intruding on lawful religious freedom. For trustees and managers, this is a red flag to review governance, complaints handling, and voluntary transparency measures now.

Birchgrove Legal helps charities navigate this shifting landscape: we review whether you should remain a BRC or voluntarily adopt stronger reporting, update governance charters and safeguarding policies, prepare transparent financial disclosures, and advise boards on crisis-readiness for regulatory inquiries. Want a quick, practical check of your organisation’s exposure and next steps? 𝗕𝗼𝗼𝗸 𝗮 𝗳𝗿𝗲𝗲 𝟭𝟱-𝗺𝗶𝗻𝘂𝘁𝗲 𝗰𝗮𝗹𝗹 𝘄𝗶𝘁𝗵 𝗕𝗶𝗿𝗰𝗵𝗴𝗿𝗼𝘃𝗲 𝗟𝗲𝗴𝗮𝗹 𝗮𝗻𝗱 𝘄𝗲’𝗹𝗹 𝘁𝗲𝗹𝗹 𝘆𝗼𝘂 𝗲𝘅𝗮𝗰𝘁𝗹𝘆 𝘄𝗵𝗮𝘁 𝘁𝗼 𝗱𝗼 𝗻𝗲𝘅𝘁. ☎️

Book here: https://bit.ly/BGLegalFREEConsultation

18/12/2025

Is your charity suddenly unable to send or receive funds overseas — or worried this could happen? Recent ACNC outreach into charities’ international banking experiences shows this is becoming a real and growing problem for organisations working across borders.

These problems are driven by stronger AML/CTF and sanctions screening, but they’re also an operational failure if your organisation isn’t prepared with the right paperwork, donor agreements and payment pathways. That means gaps in governance, unclear contractual protections for overseas partners, and the wrong banking setup can all increase legal and financial risk.

Birchgrove Legal helps charities reduce that risk: we review funding agreements and KYC-ready documentation, draft compliant donor & partner contracts, design board-level policies for cross-border payments, and advise on compliant payment options (including escrow and specialist providers).

Want a quick, practical read on where you stand? Book a free 15-minute call with Birchgrove Legal to get a targeted next step for your organisation. ☎️

Book here: https://bit.ly/BGLegalFREEConsultation

16/12/2025

Are your charity’s fixed-term contracts safe under the latest Fair Work changes — or are hidden limits about to bite?

Fair Work has extended the temporary exceptions for charities and NFPs until 1 November 2026, but from 1 November 2025 new revenue thresholds and updated requirements apply — including use of the revised Fixed Term Contract Information Statement. That means some charities can still align contracts to project funding, but only if they meet the revenue tests and follow the updated notice rules; other sectors have already lost their exceptions.

If you employ project staff or use fixed-term contracts, now’s the time to check your paperwork, contract lengths and whether your group’s revenue pulls you in or out of the exception. Book a free 15-minute call with Birchgrove Legal now. ☎️

Book here: https://bit.ly/BGLegalFREEConsultation

11/12/2025

🤔 Are you confident your Tasmanian-based charity or fundraising organisation meets the new rules headed your way under the proposed amendments to Tasmania’s charities and fundraising laws?

On 5 November 2025 the Tasmanian Parliament introduced the Charities and Associations Law (Miscellaneous) Amendment Bill — raising audit thresholds to $500,000, giving regulators broader information-gathering and enforcement powers, requiring ACNC-registered entities to notify before soliciting, and setting the stage for a new Code of Practice and potential penalties. The changes will affect associations, incorporated organisations and fundraisers operating in Tasmania—meaning greater compliance risk if unprepared.

If your organisation raises funds in Tasmania or is incorporated there (or simply works across jurisdictions), now’s the time to check your audit status, fundraising approvals and governance policies. Book a free 15-minute call with Birchgrove Legal — we’ll help you map what’s changing, what you need to do and how you can act early to stay compliant.

Book here: https://bit.ly/BGLegalFREEConsultation

09/12/2025

Did you know the ACNC’s recent review found nearly one in five medium-to-large charities submitted financial reports with material inconsistencies — and that corrections totaled $2.8B in revenue and $5.8B in assets? These are not tiny slips: they’re red flags that can trigger regulator scrutiny and damage trust with donors and partners.

Accurate Annual Information Statements (AIS) and Annual Financial Reports (AFR) are the backbone of good governance. Mistakes can come from weak accounting controls, unclear purpose clauses, or poorly drafted disclosures — and once the ACNC asks questions, the fix can be costly and time-consuming.

If you’re unsure whether your reporting is watertight, we can help — from a targeted AIS/AFR review to managing communications with the ACNC and updating governance documents. Book a free 15-minute call with Birchgrove Legal to get a quick compliance health check and next steps.
☎️

Book here: https://bit.ly/BGLegalFREEConsultation

04/12/2025

Did you hear the federal government’s update on charities — including expanded DGR pathways and a push for clearer, faster endorsement routes that could unlock new fundraising opportunities for community foundations and other organisations?

These reforms aim to reduce red tape for certain DGR categories and create a more transparent sector by giving the ACNC discretion to publicly flag harmful compliance breaches. That’s good news for charities that qualify — but it also raises the stakes for governance, reporting and donor trust. Harmonised fundraising rules across states mean simpler national fundraising, but they also mean charities must ensure their rules and registrations are tidy and defensible.

Birchgrove Legal can help you assess whether your constitution, purposes and reporting practices position you to benefit from the new DGR pathways — and we can prepare or fast-track endorsement applications, update governance documents, or advise on compliance and communications if regulators ask questions. Book a free 15-minute call with Birchgrove Legal for a quick DGR/registration health check and practical next steps. ☎️

Book here: https://bit.ly/BGLegalFREEConsultation

02/12/2025

📈 𝗗𝗶𝗱 𝘆𝗼𝘂 𝗸𝗻𝗼𝘄 𝘁𝗵𝗲 𝗔𝗖𝗡𝗖 𝗿𝗲𝗴𝗶𝘀𝘁𝗲𝗿𝗲𝗱 𝗮 𝗿𝗲𝗰𝗼𝗿𝗱 𝟰,𝟲𝟮𝟭 𝗰𝗵𝗮𝗿𝗶𝘁𝗶𝗲𝘀 𝗶𝗻 𝟮𝟬𝟮𝟰–𝟮𝟱?

But beneath that impressive number lies a different truth: more than half of those “new” charities only registered to keep their tax-exempt status after new ATO rules took effect. The surge highlights not just growth, but a wave of organisations rushing to stay compliant amid tighter oversight.

The ACNC also reported a rise in compliance investigations and stricter reporting expectations, with thousands of charities missing or delaying their Annual Information Statements. This paints a clear picture — regulation is catching up, and charities that fail to keep their governance and reporting in order could face serious consequences.

If your organisation is unsure where it stands, Birchgrove Legal can help. Book a free 15-minute consultation to discuss your charity’s compliance, registration, or governance needs — and stay ahead of the next round of regulatory changes. ☎️

Book here: https://bit.ly/BGLegalFREEConsultation

25/11/2025

Did you know Justice Connect has launched the Unlock DGR campaign calling for urgent reform because 𝗔𝘂𝘀𝘁𝗿𝗮𝗹𝗶𝗮’𝘀 𝗰𝘂𝗿𝗿𝗲𝗻𝘁 𝗗𝗚𝗥 𝗿𝘂𝗹𝗲𝘀 𝗹𝗲𝗮𝘃𝗲 𝘁𝗵𝗼𝘂𝘀𝗮𝗻𝗱𝘀 𝗼𝗳 𝗰𝗵𝗮𝗿𝗶𝘁𝗶𝗲𝘀 𝘀𝗵𝘂𝘁 𝗼𝘂𝘁 𝗼𝗳 𝘁𝗮𝘅-𝗱𝗲𝗱𝘂𝗰𝘁𝗶𝗯𝗹𝗲 𝗱𝗼𝗻𝗮𝘁𝗶𝗼𝗻𝘀 — 𝗮𝗳𝗳𝗲𝗰𝘁𝗶𝗻𝗴 𝗿𝗼𝘂𝗴𝗵𝗹𝘆 𝗵𝗮𝗹𝗳 𝗼𝗳 𝗮𝗹𝗹 𝗿𝗲𝗴𝗶𝘀𝘁𝗲𝗿𝗲𝗱 𝗰𝗵𝗮𝗿𝗶𝘁𝗶𝗲𝘀?

DGR endorsement is more than a tax label — it unlocks philanthropic funding, influences grant eligibility and can be decisive for small, place-based charities that deliver essential community services. Justice Connect argues the system is “outdated, overly complex and unfair,” and points to Productivity Commission recommendations as a roadmap for fixing it. Reform could reduce red tape and widen access to giving, but it will also create transition choices charities must plan for.

If your organisation could benefit from DGR access — or is worried about how reform might affect your funding model — now’s the time to map activities, review your constitution and be ready to act. Birchgrove Legal can help you assess DGR eligibility, update governing documents, and prepare for policy change. 𝗕𝗼𝗼𝗸 𝗮 𝗳𝗿𝗲𝗲 𝟭𝟱-𝗺𝗶𝗻𝘂𝘁𝗲 𝗰𝗮𝗹𝗹 𝘄𝗶𝘁𝗵 𝗕𝗶𝗿𝗰𝗵𝗴𝗿𝗼𝘃𝗲 𝗟𝗲𝗴𝗮𝗹 𝗳𝗼𝗿 𝗮 𝗾𝘂𝗶𝗰𝗸 𝗗𝗚𝗥 𝗵𝗲𝗮𝗹𝘁𝗵 𝗰𝗵𝗲𝗰𝗸 𝗮𝗻𝗱 𝗽𝗿𝗮𝗰𝘁𝗶𝗰𝗮𝗹 𝗻𝗲𝘅𝘁 𝘀𝘁𝗲𝗽𝘀. ☎️

Book here: https://bit.ly/BGLegalFREEConsultation

31/10/2025

𝗖𝗼𝘂𝗹𝗱 𝗮 𝘀𝗶𝗺𝗽𝗹𝗲 𝗹𝗼𝗴𝗶𝗻 𝗶𝘀𝘀𝘂𝗲 𝗽𝘂𝘁 𝘆𝗼𝘂𝗿 𝗰𝗵𝗮𝗿𝗶𝘁𝘆'𝘀 𝗰𝗼𝗺𝗽𝗹𝗶𝗮𝗻𝗰𝗲 𝗮𝘁 𝗿𝗶𝘀𝗸? 🤔

The 31 January 2026 deadline for the Annual Information Statement (AIS) seems far off, but the ACNC is urging all charities to check their Charity Portal access now.

Every year, organisations are caught out by out-of-date Responsible Person details or access problems, leading to a last-minute rush and potential compliance breaches. This isn't just an IT problem—it's a critical governance checkpoint.

Proactive governance is the best way to protect your mission. If your charity is feeling overwhelmed by compliance or unsure about your ACNC obligations, Birchgrove Legal can help. We specialise in supporting Not-for-Profits with their legal and governance frameworks.

Book a no-obligation, free 15-minute discovery call with us to discuss how we can give you peace of mind. 📞

19/10/2025

❓ Worried your charity’s supporters could be tricked by a fake fundraiser?

Scammers are increasingly targeting good causes. Recent ACNC guidance for Scams Awareness Week 2025 warned of a big rise in fake-charity scams. 💸🔍

Here’s what to do right now:
• Stop — if someone unexpectedly asks for money or personal details, pause. Don’t click links in unsolicited messages. ✋
• Check — verify appeals by contacting the charity through official channels (ACNC Charity Register is a great resource). ✅
• Protect — encourage supporters to report suspicious approaches to Scamwatch and contact their bank if they’ve lost money. 🛡️

For charities: review your fundraising verification, cyber security and donor-communication processes — and make it easy for supporters to verify you. 📣

Need help drafting donor-safety policies, tightening governance, or responding to an incident? Birchgrove Legal can help your organisation build robust compliance and incident-response plans.

📩 Book a FREE call with us to arrange a tailored review.

17/10/2025

Were you unlawfully terminated for your political beliefs and told you have no case under NSW law?

It's a common misconception. While New South Wales law doesn't explicitly list "political opinion" as a protected attribute against discrimination, that isn't the end of the road.

Federal legislation, specifically the Fair Work Act, provides a crucial layer of protection for employees across Australia. This federal law makes it illegal for an employer to terminate you for reasons that include your political opinion.

We specialize in navigating these complex situations where state and federal laws intersect, aiming for a negotiated resolution that protects your interests without the stress of a prolonged court battle.

Don't let legal silence be a dead end. Contact us to book a confidential and free 15-minute consultation to understand your options. Link in the comments below. ⬇️

26/09/2025

Were you let go because of your political beliefs?

Losing a job is hard—but it’s even harder when you feel punished for what you think. Even if state laws are silent, federal protections can still offer a route to justice. We recently helped a client who thought they had no case find a federal pathway that led to a negotiated outcome—no protracted court fight, practical remedy, and their dignity restored.

State law silence is not a dead end. If you believe you've been unlawfully terminated, you have more options than you think.

▶️ Book a free, no-obligation 15-minute consultation with our team to understand your rights. Link in comments below.

Address

Hyde Park Towers, Ground Floor S. 2, 148A Elizabeth Street
Sydney, NSW
2000

Opening Hours

Monday	9am - 5pm
Tuesday	9am - 5pm
Wednesday	9am - 5pm
Thursday	9am - 5pm
Friday	9am - 5pm

Website

http://www.birchgrovelegal.com.au/

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