About Katherine Lam

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So far Katherine Lam has created 13 blog entries.

AICD’s 2019 governance principles revamp and governance performance study

Introduction The final report of the Royal Commission into Institutional Responses to Child Sexual Abuse in 2017[1], along with the recently-released interim report of the Royal Commission into Aged Care Quality and Safety and press reports of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability in [...]

2019-12-19T09:34:46+00:00December 18th, 2019|

Incorporated Association Reform

In late November 2019 the Associations Incorporation and Other Legislation Amendment Bill 2019 was introduced into the Queensland Parliament. It will apply to some 22,000 incorporated association as well as some 3,200 ACNC charities that are also registered under the Queensland Collections Act for fundraising purposes. It will finally relieve Queensland [...]

2019-12-19T09:34:33+00:00December 18th, 2019|

Keeping data not for profit: insights and reflections on the notifiable data breaches scheme

An organisation’s ongoing capacity and commitment to ensuring and protecting the privacy of personal information it holds is now, more than ever, a key factor in that organisation’s reputation and the attitude of the public in dealing with that organisation.  In a commercial world driven by data, where allegations of hacking [...]

2019-11-27T12:30:47+00:00November 27th, 2019|

ASIC gives minor relief to small charitable companies limited by guarantee from whistleblower policy obligation

Recognising that the current requirements for small charities that are structured as companies limited by guarantee (CLG) under the new whistleblower provisions in the Corporations Act 2001 (Cth) (Corporations Act) are proving to be disproportionately onerous, ASIC announced last week that it will not require charities with an annual revenue of [...]

2019-11-27T12:30:59+00:00November 27th, 2019|

The party’s over: when the music stops and the lights turn on: Togher & Anor v Alexander & Ors (No.2)

This case[1] arises from a failed Melbourne music festival venture in early 2017. The issue was ultimately who should bear the losses of the investment of monies of the failed venture. Mr Alexander, a theatrical producer, conceived the idea of putting on a Gala New Year’s Eve opera spectacular for 31 [...]

2019-11-27T12:31:07+00:00November 27th, 2019|

One member’s claim for rights in an unincorporated association: John Setka v Noah Carroll & Ors

Setka is employed as the Victorian Secretary of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), and is a member of the Victorian Branch of the ALP and a CFMEU delegate at ALP state and national conferences. As was well documented by the papers, Setka sought an injunction from the [...]

2019-11-27T12:31:15+00:00November 27th, 2019|

Don’t let ‘wage theft’ rob you of your funding!

Wages are a significant, if not the most significant cost to businesses, particularly those whose core activity is the delivery of labour-intensive services. Despite this, there appears to be a substantial amount of Australian businesses who are failing to keep abreast of their obligations to employees in relation to wages and [...]

2019-11-27T12:31:24+00:00November 27th, 2019|

Attorneys signing BDBNs – an unfortunate twist

Introduction In our September 2018 bulletin we reported on the important Queensland Supreme Court case of Narumon which held that: provided the trust deed does not preclude it, an attorney under an enduring power of attorney is able to affirm an existing binding death benefit nomination (BDBN) made by a fund [...]

2019-11-08T09:39:03+00:00November 7th, 2019|

Will the role of an attorney appointed to act as trustee of an SMSF automatically cease on the member’s death?

Introduction In the absence of a binding death benefit nomination (BDBN), it is the trustee of a superannuation fund who has the discretion as to payment of a deceased member's death benefit. It follows from this, that control of the trustee (whether the trustee be the individual members or a corporate [...]

2019-11-08T09:39:23+00:00November 7th, 2019|

Ademption and Powers of Attorney: Estate Interrupted

Introduction When an adult loses capacity, they will rely upon their appointed attorney to manage their financial affairs. The attorney must act consistently with the duties imposed on them by statute and by common law, both for the benefit of the adult and ultimately the beneficiaries of the adult's estate. However, [...]

2019-11-08T09:39:34+00:00November 7th, 2019|
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