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December

Commissioner of Taxation v Co-operative Bulk Handling Limited [2010] FCAFC 155 (Federal Court of Australia, Full Court, 17 December 2010)
C of T v Co-operative Bulk Handling.pdf File type pdf. File size 55KB
Purpose – whether exempt as development of Australian agricultural resources.
Whether carried on for profit or gain of individual members.

Lowe v Australian Chinese Community Association of NSW (No. 3) [2010] NSWSC 1421 (Supreme Court of New South Wales, Slattery J, 8 December 2010)
Lowe v Aust Chinese Community Assoc No 3.pdf File Type: pdf. File Size: 82KB
Status of memberships

Ananda Marga Pracaraka Samgha Ltd v Tomar (No 2) [2010] FCA 1342 (Federal Court of Australia, Dodds-Streeton J, 3 December 2010)
Ananda Marga v Tomar No 2.pdf File Type: pdf. File Size: 86KB
Directorship and membership conflict – management of company during resolution

AidWatch Incorporated v Commissioner of Taxation [2010] HCA 42 (High Court of Australia, 1 December 2010)
AIDWatch v C of T - High Court.pdf File type pdf. File size 108KB
Charitable purposes – whether 'political purposes' nature disqualifies charitable status – taxation – whether entitled to income tax exemption as charitable

Gill v Woodall [2010] EWCA Civ 1430 (England and Wales Court of Appeal (Civil Division), Master of the Rolls Neuberger, Lords Justice Lloyd and Jackson, 1 December 2010)
Gill v Woodall - Court of Appeal.pdf
Will leaving entire estate to charity – whether testator read and understood terms of will

November

Ballard v Attorney-General (Victoria) [2010] VSC 525 (Supreme Court of Victoria, Kyrou J, 18 November 2010)
Ballard v AG Victoria.pdf File type pdf. File size 94KB
Charitable trusts – application by trustees to amend terms

Bentley v Anglican Synod of the Diocese of New Westminster [2010] BCCA 506 (Court of Appeal for British Columbia, Justices Newbury, Lowry and Garson, 15 November 2010)
Bentley v Anglican Synod New Westminster- CA BC.pdf File type pdf. File size 92KB
Whether parish assets in Anglican Church of Canada held on trust – whether parishes could remove themselves from Anglican Communion and retain use of parish assets

October

Christ Church Grammar School v Bosnich [2010] VSC 476 (Supreme Court of Victoria, Sifris J, 29 October 2010)
Christ Church Grammar School v Bosnich.pdf File Type: pdf. File Size: 99KB
Fair trading – whether condition in contract was a penalty or unfair – whether Civil and Administrative Tribunal erred

Casey Grammar School v Independent Education Union of Australia [2010] FWA 8218 (Fair Work Australia, Vice President Lawler, 25 October 2010)
Casey Grammar School v Independent Education Union of Australia.pdf File Type: PDF. File Size: 90KB
Salary sacrifice arrangement – whether permitted to reduce money paid to employee below award rate of pay

Leanne O'Shannessy and Department of Health v Blacktown Workers Club Ltd [2010] NSWSC 1153 (Supreme Court of New South Wales, Harrison AsJ, 14 October 2010)
Dept of Health v Blacktown Workers Club.pdf File Type: pdf. File Size: 324KB
Breach of legislation – Smoke-free public environments

Glenn Smith v Royal NSW Canine Council Ltd 2010 NSWSC 1134 (Supreme Court of New South Wales, Jarrison AsJ, 8 October 2010)
Smith v Royal NSW Canine Council.pdf File Type: pdf. File Size: 96KB
Procedural fairness – whether decisions subject to judicial review

Bargwanna (Trustee) v Commissioner of Taxation [2010] FCAFC 126 (Full Court of the Federal Court of Australia, Dowsett, Kenny, and Middleton JJ, 8 October 2010)
Bargwanna v C of T- appeal.pdf File type pdf. File size 106KB
Trust – whether tax exempt as charitable trust – whether funds applied for charitable purposes

Sturt Football Club Inc v Commissioner of State Taxation [2010] SASC 279 (Supreme Court of South Australia, White J, 1 October 2010)
Sturt FC v CST.pdf File type pdf. File size 263KB
Stamp duty – sale of licensed business – attempt to separate tangible assets from goodwill (intangible assets)

September

Bravehearts Inc v The County Court of Victoria (No. 2) [2010] VSC 542 (Supreme Court of Victoria, Emerton J, 29 September 2010)
Bravehearts v County Court Vic No 2.pdf File Type: pdf. File Size: 282KB
Costs order – where applicant had delayed conduct of case unnecessarily

PAWES (Providing Awareness with Education and Sport) v Queensland Basketball Inc. and Brisbane Basketball Inc. [2010] QCAT 471 (Queensland Civil and Administrative Tribunal, P Roney, Member, 24 September 2010)
PAWES v Qld Basketball and Brisbane Basketball.pdf File Type: PDF. File Size: 86KB
Club – whether nonprofit and therefore exempt from Anti-Discrimination Act

Cheng Chih Tiao v Sheng Chin Lai (No 2) [2010] WASCA 189 (Supreme Court of Western Australia, Court of Appeal, Owen, Buss and Murphy JJ, 23 September 2010)
Tiao v Lai.pdf File Type: pdf. File Size: 91KB
Membership of association – membership of board – whether valid contract entered into

Public Trustee of Queensland v Rutledge [2010] QSC 379 (Supreme Court of Queensland, Philippides J, 20 September 2010)
Public Trustee Qld v Rutledge.pdf File type pdf. File size 201KB
Gift in a will – organisation ceased to exist prior to testator's death – cy pres scheme

Tudehope v Liberal Party of Australia (NSW Division) [2010] 1210 (Supreme Court of New South Wales, Brereton J, 16 September 2010)
Tudehope v Liberal party NSW.pdf File Type: pdf. File Size: 250KB
Selection committee process – whether court will interfere in internal affairs

Lowe v Australian Chinese Community Association of NSW [2010] NSWSC 1071 (Supreme Court of New South Wales, Slattery J, 10 September 2010)
Lowe v Aust Chinese Community Assoc.pdf File Type: pdf. File Size: 88KB
Injunction to restrain Special GM to rule on suspension of office bearers

Bravehearts Inc v County Court of Victoria [2010] VSC 410 (Supreme Court of Victoria, Emerton J, 7 September 2010)
Bravehearts v County Court Vic.pdf File Type: pdf. File Size: 51KB
Suppression orders restricting conduct of fundraising event – whether orders were wider than necessary

Commissioner of Taxation v Bruton Holdings Pty Limited (In Liquidation) [2010] FCA 978 (Federal Court of Australia, Graham J, 3 September 2010)
C of T v Bruton Holdings Pty Ltd.pdf File type pdf. File size 52KB
Liquidation of trustee – bare trustee – whether liquidator acting as trustee administering the trust and entitled to indemnification and costs

August

Freemasons Hospital (as Trustee of the Hospital Fund of the United Grand Lodge of Antient Free and Accepted Masons of Victoria) v Attorney-General of the State of Victoria [2010] VSC 373 (Supreme Court of Victoria, Gardiner AsJ, 20 August 2010)
Freemasons Hospital v Attorney General Vic.pdf File type pdf. File size 57KB
Donations for hospital – whether determinable gift or conditional gift – whether proceeds of sale of hospital revert to organisation or applied cy-pres

South Melbourne Football Club Ltd v Football Federation Victoria Inc [2010] VSC 355 (Supreme Court of Victoria, Pagone J, 17 August 2010)
South Melbourne FC v FF Vic Inc.pdf File Type: pdf. File Size: 57KB
Grievance procedures – Court review of Appeals Board decision

Foundation of Human Understanding v United States (United States Court of Appeals for the Federal Circuit, on appeal for the United States Court of Federal Claims, Chief Judge Hewitt, 16 August 2010)
Foundation of Human Understanding v US.pdf File type pdf. File size 81KB
Whether religious organisation was a "church" under US tax law

Wentworth District Capital Ltd v Commissioner of Taxation [2010] FCA 862 (Federal Court of Australia, Perram J, 13 August 2010)
Wentworth District Capital v C of T.pdf File type pdf. File size 88KB
'Established for community service purposes' – whether company operating bank franchise eligible for income tax exemption

Re The Grand Lodge of Antient Free and Accepted Masons in New Zealand (High Court of New Zealand, Simon France J, 9 August 2010)
Freemasons New Zealand.pdf File type pdf. File size 44KB
Registration as charity – whether assets held for purposes of Grand Lodge of Freemasons were for charitable purposes

July

Petar (Diocesan Bishop of the Macedonian Orthodox Diocese of Australia and New Zealand) v Mitreski [2010] NSWSC 1067 (Supreme Court of New South Wales, Brereton J, 19 July 2010)
Petar v Mitreski 2010 NSWSC 1067.pdf File type pdf. File size 88KB
Ongoing litigation in trust dispute – application to amend pleadings after substantive judgment, pending appeal

Commissioner of Taxation v Secretary to the Department of Transport (Victoria) [2010] FCAFC 84 (Full Court of the Federal Court of Australia, Kenny, Jessup and Dodds-Streeton JJ, 9 July 2010)
C of T v Department of Transport (Vic).pdf File type pdf. File size 66KB
GST – input tax credit in multiparty arrangements

June

Re Care Provider AND Commissioner of Taxation [2010] AATA 475 (Administrative Appeals Tribunal, Senior Member SE Frost, 28 June 2010); Re Natalie Newton (Trading as Combined Care for the Elderly) AND Commissioner of Taxation [2010] AATA 725 (Administrative Appeals Tribunal, Senior Member SE Frost, 23 September 2010)
Care Provider AND Commissioner of Taxation, Re.pdf File type pdf. File size 76KB
Superannuation Guarantee – whether superannuation contributions required for domestic care workers employed on labour hire basis

Crowle Foundation v New South Wales Trustee and Guardian [2010] NSWSC 647 (Supreme Court of New South Wales, Ball J, 25 June 2010)
Crowle Foundation v NSW Trustee.pdf File type pdf. File size 63KB
Bequest on trust in will – effects of changes since will drafted – whether trustee should be replaced

Stevenson v Murdoch Community Services Inc [2010] FCA 648 (Federal Court of Australia, Gordon J, 23 June 2010)
Stevenson v Murdoch Community Services.pdf File Type: PDF. File Size: 95KB
Termination of employment for prohibited reason
Whether also discrimination under Disability Discrimination Act 1992 (Cth)

Presbyterian Church of Queensland v Hodson [2010] QSC 236 (Supreme Court of Queensland, Fryberg J, 23 June 2010)
Presbyterian Church of Queensland v Hodson.pdf File Type: pdf. File Size: 35KB
Practice and procedure – whether onus of proof should be reversed – whether evidence in chief should be given by affidavit – claim of misappropriated funds

Devers v Kindilan Society [2010] FCAFC 72 (Federal Court of Australia, Full Court, Ryan, Mansfield and McKerracher JJ, 21 June 2010)
Devers v Kindilan Society - appeal.pdf File Type: PDF. File Size: 54KB
Appeal case – whether direct or indirect discrimination against deaf employee – whether trial judge's findings should be overturned – whether new evidence should be admitted

Hirst Estate - Atkinson v Royal Alexandra Hospital For Children [2010] NSWSC 613 (Palmer J, Supreme Court of New South Wales, 9 June 2010)
Atkinson v Royal Alexandra Hospital.pdf File type pdf. File size 63KB
Gifts under a will – whether beneficiary still existed and whether conditions in gift were met – cy pres scheme

Ananda Marga Pracaraka Samgha Ltd v Tomar [2010] FCA 565 (Federal Court of Australia, Dodds-Street J, 3 June 2010)
Ananda Marga v Tomar.pdf File Type: pdf. File Size: 56KB
Appointment of directors – religious orthodoxy – procedural application

May

Eurella Community Services Inc v Attorney-General (NSW) [2010] NSWSC 566 (Supreme Court of New South Wales, Slattery J, 31 May 2010)
Eurella Community Servs v AGNSW.pdf File type pdf. File size 39KB
Charity's property – whether held on trust or absolutely

John Alexander's Clubs Pty Ltd v White City Tennis Club Ltd [2010] HCA 19 (High Court of Australia, French CJ, Gummow, Hayne, Heydon and Kiefel JJ, 26 May 2010)
John Alex Clubs v White City Tennis Club - HCt.pdf File Type: pdf. File Size: 87KB
Comercial leasing arrangements – whether unconscionability or breach of equitable duty

Cooperative Bulk Handling Ltd v Commissioner of Taxation [2010] FCA 508 (Federal Court of Australia, Gilmour J, 25 May 2010)
Cooperative Bulk Handling v C of T.pdf File type pdf. File size 53KB
Whether cooperative pursued nonprofit purpose (development of Australian agricultural resources) or was carried on for profit or gain

Kavourakis v Waverley Bowling & Recreation Club Ltd [2010] NSWSC 439 (Supreme Court of New South Wales, Barrett J, 12 May 2010)
Kavourakis v Waverley Bowling and Rec Club.pdf File Type: pdf. File Size: 45KB
Proceedings against club in voluntary administration – whether applicant in proceedings was a club member – process for membership applications

Endeavour Rowing Club Inc v Valuer General NSW [2010] NSWLEC 1099 (Land and Environment Court of New South Wales, Miller AC, 7 May 2010)
Endeavour Rowing Club Inc v Valuer General NSW.pdf File Type: pdf. File Size: 14KB
Valuation of land

RSL (Qld) War Veterans Homes Ltd v Palma [2010] QSC 222 (Supreme Court of Queensland, Wilson J, 5 May 2010)
RSL (Q) War Veterans Homes v Palma.pdf File Type: PDF. File Size: 58KB
Workers compensation – whether information requested by employer related to employee's 'medical history'

April

Esposito v The Wilderness Society Inc and Ors [2010] TASSC 21 (Supreme Court of Tasmania, Evans J, 30 April 2010)
Esposito v Wilderness Society.pdf File Type: PDF. File Size: 113 KB
Invalid AGM – costs awarded against Society

Condren v The Southport Workers Community Club Inc [2010] QSC 130 (Supreme Court of Queensland, 30 April 2010, McMurdo J)
Condren v Southport Workers Club.pdf
Summary dismissal – whether actions amounted to gross misconduct

Chief Commissioner of State Revenue v Northern NSW Football Ltd [2010] NSWADTAP 28 (NSW Administrative Decisions Tribunal Appeal Panel, Needham J SC, Verick A, Bennett C, 29 April 2010)
Cmr State Revenue v Nthn NSW Football.pdf File type pdf. File size 75KB
Exemption from payroll tax – whether promotion of sport was charitable or benevolent purpose

NSW Masonic Youth Property Trust v Her Majesty's Attorney-General in and for the State of NSW [2010] NSWSC 333 (New South Wales Supreme Court, Hall J, 28 April 2010)
NSW Masonic Youth Prop Trust v AG NSW.pdf File Type: pdf; File Size: 93KB
Proper appointment of trustees – application of trust fund cy-pres

Achieve Foundation Ltd v ACNewco Ltd in the matter of Achieve Foundation Ltd and the Crowle Foundation Ltd [2010] FCA 382 (Federal Court of Australia, Foster J, 21 April 2010)
Achieve Foundation v ACNewco.pdf File Type: pdf. File Size: 42KB
Scheme of arrangment – 2 Foundations merging to form new entity

Re Nillumbik Community Church Inc (in administration) [2010] VSC 136 (Supreme Court of Victoria, Davies J, 16 April 2010)
Nillumbik Community Church Inc.pdf File Type: pdf. File Size: 98KB
Voluntary administration – whether decision to appoint administrator made validly – whether organisation was insolvent

Pandher et al v Ontario Khalsa Darber et al [2010] ONCA 273 (Ontario Court of Appeal, Gillese, Lang, Watt JJA, 14 April 2010)
Pandher v Ontario Khalsa Dharber.pdf File Type: pdf. File Size: 84KB
Directors' indemnity – whether this was a 'benefit'

De Marco v Italo-Australian Club (ACT) Ltd [2010] ACTSC 28 (Supreme Court of the Australian Capital Territory, Harper M, 9 April 2010)
De Marco v Italo Aust Club.pdf File Type: PDF. File Size: 42 KB
Fall on wet tiles – whether defendant club liable

Application of Russell-Smith. Estate of Plumwood [2010] NSWSC 257 (Supreme Court of New South Wales, White J, 8 April 2010)
Plumwood, Re Estate of.pdf File type pdf. File size 131KB
Multiple wills – whether and which of 2 later informal wills overrode first and only legal will

March

Tantau v MacFarlane [2010] NSWSC 224 (Supreme Court of New South Wales, Ward J, 25 March 2010)
Tantau v MacFarlane.pdf File type pdf. File size 88KB
Bequest to art gallery to administer art award – effect of recipient's disclaimer of gift

Canterbury Development Corporation v Charities Commission [2010] NZHC 331 (Justice Ronald Young, 18 March 2010)
Canterbury Devt Corp v Charities Commission.pdf File Type: pdf; File Size: 44KB
Whether assisting businesses with strategy and advice was community purpose for public benefit

Catholic Care (Diocese of Leeds) v Charity Commission for England and Wales [2010] EWHC 520 (Ch) (High Court (Chancery Division), Briggs J, 17 March 2010)
Catholic Care Leeds v Charity Commission.pdf File Type: PDF. File Size: 51KB
UK adoption agency – whether refusal to place children with homosexual couples breached Equality Act

The Joyce Henderson Trustee (Inc.) v Attorney-General (WA) [2010] WASC 60 (Supreme Court of Western Australia, Hasluck J, 17 March 2010)
Joyce Henderson Trustee v AG (WA).pdf File Type: pdf; File Size: 88KB
Will – purpose of bequest impracticable – scheme to give effect to charitable purpose

Bundagen Co-operative v Battle [2010] NSWSC 160 (Supreme Court of New South Wales, Latham J, 5 March 2010)
Bundagen Co-op v Battle.pdf File Type: pdf. File Size: 10KB
Cooperative – expulsion of member – natural justice

February

Royal Society for the Prevention of Cruelty to Animals v Norman James Sharp, Patricia Daphne Sharp and John Edward Mason [2010] EWHC 268 (Ch)
(High Court of England and Wales, Chancery Division, Smith J, 19 February 2010)
RSPCA v Sharp.pdf File Type: pdf; File Size: 47KB
Charity left legacy under will – charity's challenge to interpretation of size of gift

Forrest v Commissioner of Taxation [2010] FCAFC 6 (Federal Court of Australia, Full Court, Spender, Sundberg and McKerracher JJ, 5 February 2010)
Forrest v C of T.pdf File type pdf. File size 104KB
ETP donated to charity – whether part of taxpayer's taxable income

January

Manns v Attorney-General of New South Wales [2010] NSWSC 12 (Supreme Court of New South Wales, Slattery J, 28 January 2010)
Manns v AG of NSW.pdf File Type: pdf; File Size: 90KB
Holograph will – bequest for mixed charitable and non-charitable purposes

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