1. Keeping good organisational records: Failure to do so has landed several organisations in court, such as a case involving the charities regulator, the Australian Charities and Not-for-profits Commission, and Hillsong College.
2. Banks avoiding risk: “Bank de-risking” is a phenomenon wherein institutions shut down what they perceive as high-risk accounts. So far, most cases have appeared in North America and the UK, often as a way of cracking down on money laundering or terrorism.
3. Surge in discrimination cases: Discrimination cases affecting NFPs and charities in the past year include ones involving the Australian Muslim Advocacy Network in Queensland and Anglicare Community Services in New South Wales.
4. Continuation of historical sexual abuse cases: The number of cases involving sexual abuse claims has grown so much that only ”those of major legal significance” are reported nowadays.
5. Bequests to wrongly named, ceased, or non-existent charities: Over the past three years, the rapid mergers and consolidation of the community services sector have exacerbated the issue. More charities are including ABNs in sample bequest clauses and introducing backup clauses governing the distribution of the funds elsewhere if the primary gift fails.
6. Redirecting funds to meet a charity’s purpose: In a process known as “cy près,” a French term that means “as near as possible,” courts can change the purpose for which a charity’s assets or funds can be directed. The ACPNS believes such applications will become more frequent as charities “age.”
7. The rising use of civil penalties: Charities and NFPs could be fined, as agencies such as the National Disability Insurance Service Commission consider dishing out civil penalties. Whilst civil penalties require a lower threshold of proof than criminal ones and don’t involve a criminal conviction, they can still be painful.
8. Challenges involving NFP advocacy: The ACPNS watches the growing tendency for NFP advocates to use the courts to advance their agendas. For instance, Save the Children Australia attempted (but failed) to force the federal government to repatriate Australian women and children detained in Syria.
9. Sports-related head injuries: The ACPNS notes that “initial proceedings” concerning head injuries caused by sports have begun to appear. A critical issue would be limitations on periods for launching legal action, which generally must be within six years.
10. Foundation misdeeds: The ACPNS believes recent US cases involving philanthropic foundations could soon emerge in Australia.

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