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December

Young v HM Attorney-General, Wedgwood Plan Trustee Ltd and Pension Protection Fund [2011] EWHC 3782 (High Court of Justice, Chancery Division, Purle J, 19 December 2011)
Young v HM Att-Gen, Wedgwood Plan Trustee, Pension Protection Fund.pdf File Type: pdf. File Size: 190KB
Insolvency of group of companies – Last solvent company liable for pension fund of group – whether museum company's collection held in charitable trust

Re Nillumbik Community Church Inc [2011] VSC (Supreme Court of Victoria, Gardiner AsJ, 2 December 2011)
Nillumbik Community Church Inc.pdf File type pdf. File size 277KB
Winding up of incorporated association – distribution of surplus assets

November

Parkinson v Diabetes Australia and Anor [2011] NSWSC 1530 (Supreme Court of New South Wales, Bryson JA, 25 November 2011)
Parkinson v Diabetes Australia.pdf File type pdf. File size 88KB
Bequest to named charity – two bodies using similar names

Coffs Ex-Services Memorial & Sporting Club Ltd v Coffs Harbour Catholic Recreation & Sporting Club Ltd [2011] ATMO 118 (Australian Trade Marks Office, Alison Windsor Hearing Officer, 24 November 2011)
Coffs Ex-services Club v Coffs Harbour Catholic Recreation.pdf File Type: PDF. File Size: 90KB
Trade marks – whether 'inherently adapted to distinguish' the services of the applicant

Women's Community Aid Association (Qld) Limited, Re [2011] QCAT 593 (Queensland Civil and Administration Tribunal, C Endicott, Senior member, 18 November 2011)
Women's Community Aid Assoc Ltd.pdf File Type: PDF. File Size: 112KB
Exemption from provisions of Anti-Discrimination Act – whether general exemption necessary – availability of defences and specific exemptions under Act

JGE v The English Province of Our Lady of Charity and The Trustees of the Portsmouth Roman Catholic Diocesan Trust [2011] EWHC 2871 (High Court of Justice for England and Wales, Queens Bench Division, MacDuff J, 8 November 2011)
JGE v Portsmouth Roman Catholic Diocesan Trust.pdf File Type: PDF. File Size: 94KB
Vicarious liability – whether priest was employee of diocese – relationship of close connection

October

Chartered Secretaries Australia Ltd v Attorney-General of New South Wales [2011] NSWSC 1274 (Supreme Court of New South Wales, Bryson AJ, 28 October 2011)
Chartered Secretaries Australia v A-G NSW.pdf File type pdf. File size 90KB
Cy pres – purposes of trust in stated terms no longer suitable or effective use of property

Bath v Singh [2011] NZHC 1392 (New Zealand High Court, Venning J, 20 October 2011)
Bath v Singh.pdf File Type: PDF. File Size: 98KB
Incorporation of branch as separate entity – amendment of rules to effect incorporation

Mount Pritchard & District Community Club v Commissioner of Taxation [2011] FCAFC 129 (Full Court of the Federal Court of Australia, Edmonds, Middleton and Jagot JJ, 17 October 2011)
Mount Pritchard and District Comm Club v C of T.pdf File type pdf. File size 118KB
Private ruling on tax exemption – change in circumstances – assessment for taxation

Independent Schools Council v Charity Commission [2011] UKUT 421 (UK Upper Tribunal, Tax and Chancery Chamber, 13 October 2011)
Public benefit – meaning – whether presumption – fee-paying schools
Independent Schools Council v Charity Commission.pdf File type pdf. File size 106KB

Smallbone v New South Wales Bar Association [2011] FCA 1145 (Federal Court of Australia, Yates J, 6 October 2011)
Smallbone v New South Wales Bar Association.pdf File Type: PDF. File Size: 93 KB
Access to personal information – National Privacy Principles

September

Cant v Kirby [2011] NSWSC 1193 (Supreme Court of New South Wales, Gzell J, 27 September 2011)
Cant v Kirby.pdf File type pdf. File size 84KB
Winding up of Aboriginal Corporation – Deed of Grant in Trust – whether property vested in corporate trustee available to liquidator

Gresham v Beerwah RSL & Citizens Memorial Club Inc [2011] QSC 288 (Supreme Court of Queensland, Daubney J, 26 September 2011)
Gresham v Beerwah RSL and Citizens Club.pdf File Type: PDF. File Size: 213 KB
Election of management committee – Rules of Association – validity

Re Hegarty [2011] NSWSC 1194 (Supreme Court of New South Wales, Gzell J, 21 September 2011)
Hegarty.pdf File type pdf. File size 92KB
Construction of will – money left to friend on trust for upkeep of testator's pets – effect of friend's rejection of trust

Matthews v Wear [2011] NSWSC 1145 (Supreme Court of New South Wales, Macready J, 20 September 2011)
Matthews v Wear.pdf File type pdf. File size 84KB
Family provision claim by adopted son of deceased – increased provision for claimant taken from bequests to charities

August

Australian Macedonian Advisory Council Inc v LIVV Pty Limited trading as Australian Macedonian Weekly [2011] VCAT 1647 (Victorian Civil and Administrative Tribunal, Noreen Megay, Senior Member, 30 August 2011)
Australian Macedonian Advisory Council v LIVV.pdf File Type: PDF. File Size: 115KB
Racial vilification – whether article in weekly newspaper incited hatred, contempt or ridicule of Greek race

July

Krishnamurti Australia Inc and Commissioner of Taxation [2011] AATA 512 (Administrative Appeals Tribunal, 25 July 2011)
Krishnamurti Australia Inc and Commissioner of Taxation.pdf File type pdf. File size 42KB
Charitable status – 'health promotion charity' – principal activity

June

Australian Securities and Investments Commission v Healey and Others [2011] FCA 717; Australian Securities and Investments Commission v Healey and Others (No. 2) [2011] FCA 1003 (Federal Court of Australia, Middleton J, 27 June 2011, 31 August 2011)
ASIC v Healey.pdf File Type: pdf. File Size: 93KB
Directors' duties – liability for financial statements and directors' report

Bicycle Victoria Inc v Commissioner of Taxation [2011] AATA 444 (Administrative Appeals Tribunal, Deputy President Forgie, 24 June 2011)
Bicycle Victoria Inc v Commissioner of Taxation.pdf File type pdf. File size 245KB
Charitable status – whether a 'health promotion charity'

Queenstown Lakes Community Housing Trust (High Court of New Zealand, Mackenzie J, 24 June 2011)
Queenstown Lakes Community Housing Trust.pdf File type pdf. File size 116KB
Charitable trust – whether purpose relief of poverty – whether purpose beneficial to community

James Cook University v Townsville City Council and Attorney-General and Minister for Industrial Relations [2011] QSC 209 (Supreme Court of Queensland, Philippides J, 23 June 2011)
James Cook Univ v Townsville CC and A-G.pdf File type pdf. File size 92KB
Charitable trust property – commercial leases – whether proposed long term leases accorded with purposes of trust

Van Dusen v Commissioner of Internal Revenue 136 TC No. 25 (United States Tax Court, Morrison J, 2 June 2011)
Van Dusen v IRC.pdf File type pdf. File size 90KB
Tax deductibility of costs incurred in volunteer services for charity (U.S.)

Liberty Trust v Charities Commission [2011] NZHC (High Court of New Zealand, Mallon J, 2 June 2011)
Liberty Trust v Charities Commission.pdf File type pdf. File size 92KB
NZ registration of charity – whether mortgage lending scheme was charitable

May

The Queen on Application of W, M, G and H v Birmingham City Council [2011] EWHC 1147 (Admin) (High Court of England and Wales (Administrative Court), Walker J, 19 May 2011)
W M G and H v Birmingham City Council.pdf File Type: PDF. File Size: 100KB
British local government – budget cuts to services to disabled – whether breaching disability equality duty

Walker v Wakehurst Golf Club Ltd [2011] NSWADT 213 (Administrative Decisions Tribunal of New South Wales, A Scahill, D Heiss, J Schneeweiss, 16 May 2011)
Walker v Wakehurst Golf Club Ltd.pdf File Type: PDF. File Size: 91KB
Golf Club – discrimination against female members in not allowing premium weekend times for women's competition golf

Re Greenpeace of New Zealand Incorporated [2011] NZHC 77 (High Court of New Zealand, Heath J, 6 May 2011)
Greenpeace of NZ Inc, Re.pdf File type pdf. File size 89KB
NZ registration as charity – whether main purpose political and therefore not charitable under Charities Act 2005

The Congregation of the Religious Sisters of Charity of Australia v The Attorney-General in and for the State of Queensland [2011] QSC 100 (Supreme Court of Queensland, Martin J, 5 May 2011)
Sisters of Charity v Attorney-General Qld.pdf File type pdf. File size 98KB
Cy pres application – Trusts Act s 105 – original terms of trust no longer most suitable and effective use of trust property

PAO and Ors v Grealy and Anor [2011] NSWSC 355 (Supreme Court of New South Wales, Harrison AsJ, 4 May 2011)
PAO v Grealy.pdf File Type: PDF. File Size: 87 KB
Unincorporated association – whether action may be brought against unincorporated body of trustees

April

Steer v Returned & Services League of Australia (Queensland Branch) Beerwah-Peachester Sub Branch Inc [2011] QSC 91 (Supreme Court of Queensland, Boddice J, 29 April 2011)
Steer v RSL (Qld) Beerwah-Peachester.pdf File Type: PDF. File Size: 89 KB
Resolution – whether made in accordance with constitution and correct meeting procedure – whether permission needed of parent organisation for terminating lease

Garzo v Liverpool Campbelltown Christian School Ltd [2011] NSWSC 292 (Supreme Court of NSW, Garling J, 15 April 2011)
Garzo v Liverpool Campbelltown Christian School.pdf File Type: PDF. File Size: 106KB
Fall on pedestrian cross in school grounds – whether breach of duty of care

Warley Hospital Inc v Attorney-General (Vic) [2011] VSC 145 (Supreme Court of Victoria, Habersberger J, 14 April 2011)
Warley Hospital v A-G (Vic).pdf File type pdf. File size 85KB
Costs of cy-pres application

Oyston v St Patrick's College [2011] NSWSC 269 (Supreme Court of New South Wales, Schmidt J, 13 April 2011)
Oyston v St Patrick's College.pdf File Type: PDF. File Size: 123 KB
Bullying – psychiatric injury – whether school met its duty of care

Tomasevic v Jovetic [2011] VSC 131 (Supreme Court of Victoria, Pagone J, 8 April 2011)
Tomasevic v Jovetic.pdf File type pdf. File size 85KB
Charitable trust – whether proper plaintiff was the Attorney-General

Helena Partnerships Limited v Her Majesty's Revenue and Customs [2011] UKUT B12 (The Upper Tribunal, Tax and Chancery Chamber, Warren and McKenna JJ, 6 April 2011)
Helena Partnerships v HM Revenue and Customs.pdf File type pdf. File size 163KB
Company providing housing to community – whether charitable and therefore exempt from corporations tax

March

Commissioner of Taxation v Wentworth District Capital Limited [2011] FCAFC 42 (Federal Court of Australia, Full Court, Emmett, Gilmour and Gordon JJ, 28 March 2011)
C of T v Wentworth District Capital.pdf File type pdf. File size 98KB
Whether nonprofit organisation was formed for 'community service purposes' and income tax exempt

Portuguese Cultural and Welfare Centre Inc v Australian Media and Communications Authority [i.e. Australian Communications and Media Authority] [2011] FMCA 144 (Federal Magistrates Court of Australia, Federal Magistrate Lucev, 18 March 2011)
Portuguese Cultural and Welfare v ACMA.pdf File Type: PDF. File Size: 93KB
Racial discrimination and vilification – whether claims should be summarily dismissed

Northern NSW Football Ltd v Chief Commissioner of State Revenue [2011] NSWCA 51 (Court of Appeal of New South Wales, Allsop P, Handley AJA and Gzell J, 15 March 2011)
Northern NSW Football v Chief CSR.pdf File type pdf. File size 104KB
Payroll tax – whether objects of sports organisation showed sole or dominant purpose as charitable or benevolent

The Trust Company (Australia) Ltd v Attorney-General (NSW) [2011] NSWSC 323 (Supreme Court of New South Wales, White J, 18 March 2011)
Trust Company (Aust) Ltd v AG(NSW).pdf File type pdf. File size 84KB
Cy pres scheme – property on trust with direction to convert to convalescent home for children – failure of original intention

Battle v Bundagen Co-operative Ltd (No 2) [2011] NSWCA 38 (Court of Appeal, New South Wales, Hodgson, Campbell and Sackville JJA, 8 March 2011)
Battle v Bundagen Co-operative (No2).pdf File Type: pdf. File Size: 91KB
Resolution to expel member of co-operative – whether resolution valid

Maher (as Executor of the will of Brian Joseph Cranley (deceased)) v Attorney-General for the State of Queensland [2011] QSC 61 (Supreme Court of Queensland, Philippides J, 2 March 2011)
Maher v AG (Qld).pdf File type pdf. File size 82KB
Lapse of gift in will – named organisation no longer existed

February

Re the New Zealand Computer Society Inc [2011] NZHC (High Court of New Zealand, Mackenzie J, 28 February 2011)
NZ Computer society, Re.pdf File type pdf. File size 125KB
NZ Registration as charity – whether professional body's main purpose was charitable and service to members was merely ancillary

Hendrickson v Yarra Bay 16ft Skiff Sailing Club Ltd [2011] NSWADT 37; Hendrickson v Yarra Bay 16ft Skiff Sailing Club Ltd (No 2) [2011] NSWADT 204 (Administrative Decisions Tribunal of New South Wales, S Rice, L Monaghan-Nagle, L Mooney, 24 February 2011 and 30 August 2011)
Hendrickson v Yarra Bay Skiff Sailing Club.pdf File Type: PDF. File Size: 92KB
Claims of discrimination and victimisation – whether racially hostile work environment - whether termination of employment for racially motivated reasons – costs

Australian Incentive Plan Pty Ltd v Babcock & Brown International Pty Ltd (No 2) [2011] VSC 43 (Supreme Court of Victoria, Croft J, 22 February 2011)
Australian Incentive Plan v Babcock and Brown.pdf File type pdf. File size 75KB
Administration of charities – attorney-general as appropriate person

Bargwanna v Commissioner of Taxation (No. 3) [2011] FCAFC 18 (Full Court of the Federal Court of Australia, Dowsett, Kenny and Middleton JJ, 17 February 2011)
Bargwanna v Commissioner of Taxation No 3.pdf File type pdf. File size 92KB
Taxation – remittal to Administrative Appeal Tribunal on appeal – nature of new hearing in Tribunal

Re Draco Foundation (NZ) Charitable Trust [2011] NZHC (High Court of New Zealand, Ronald Young J, 15 February 2011)
Draco Foundation (NZ) Charitable Trust, Re.pdf File type pdf. File size 123KB
Charitable purposes – whether political purposes merely ancillary or dominant – whether political advocacy could be charitable purpose in New Zealand law

Chinachem Charitable Foundation Ltd v Chan (CACV 62/2010 and CACV 101/2010) (Court of Appeal of the High Court of the Hong Kong Special Administrative Region, Rogers, Le Pichon and Kwan JJA, 14 February 2011)
Chinachem Charit Foundn v Chan.pdf File type pdf. File size 82KB
Competing wills – claim of forgery

Horesh v The Sephardi Association of Victoria [2011] VSC 26 (Supreme Court of Victoria, Almond J, 11 February 2011)
Horesh v Sephardi Assoc Victoria.pdf File Type: pdf. File Size: 96KB
Contract – whether naming right provisions complied with – whether misrepresentation or unconscionable conduct

Richardson v Mt Druitt Workers Club [2011] NSWSC 31 (Supreme Court of New South Wales, Adams J, 10 February 2011)
Richardson v Mt Druitt Workers Club.pdf File Type: PDF. File Size: 87 KB
Plaintiff injured climbing over locked rear gate – whether risk reasonably foreseeable

R (Hajrula and Hamza) v London Councils [2011] EWHC 151 (QB) (High Court of Justice, Queen's Bench Division, Calvert-Smith J, 1 February 2011)
R v London Councils.pdf File Type: pdf. File Size: 86KB
Grant making for services to local government by nonprofit organisations

January

X v Mid Sussex Citizens Advice Bureau [2011] EWCA 28 (Court of Appeal (England and Wales), Lords Justice Rix, Elias, Tomlinson, 26 January 2011)
X v Mid Sussex Citizens Advice Bureau.pdf File Type: PDF. File Size: 94KB
Volunteers – whether UK and EU disability discrimination laws apply to volunteers

Carberry v Drice as Representative of Brisbane Junior Rugby Union (An Unincorporated Body) [2011] QSC 16 (Queensland Supreme Court, Wilson J, 11 January 2011)
Carberry v Drice.pdf; Brisbane Junior Rugby Union.pdf File Type: pdf. File Size: 122KB
Disciplinary proceedings – internal affairs of unincorporated association – whether court should intervene

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