Swaab Attorneys is pleased to announce the launch of its new charity and not-for-profit establishment service.

The basics

From concept to creation, the experienced members of our Corporate team can help establish the legal structure for all sorts of charities, not-for-profits and even social enterprises.

For an agreed fixed-fee (so there are no nasty surprises at the end), our establishment package includes:

  • Initial advice on the legal and regulatory requirements and process for establishing your charity, not-for-profit or social enterprise

  • Working with you to develop the charitable purpose / objects of your organisation (to enable you to register as a charity with the Australian Charities and Not-for-profits Commission)

  • Preparing the constituent documents for your organisation (eg constitution or objects and rules, as applicable)

  • Establishing the legal structure for your organisation with the relevant regulatory authority

  • Applying for registration as a charity with the Australian Charities and Not-for-profits Commission and charity tax concessions* (if applicable)

We are happy to meet with you in person or discuss any issues on the telephone to keep you informed every step of the way.

Free after-establishment advice

In addition to setting up and registering your entity, we want to help you focus on providing frontline services – not wasting valuable time dealing with unexpected legal or compliance issues.  That's why our establishment service comes with up to two hours of free telephone advice after your entity is established. 

You have up to six months from establishment to access the free two hours of high-level advice and you are welcome to do so as and when you need it, across any number of issues, until the full two hours have been utilised.  For example, the types of advice that you might find particularly useful during the early stages of your organisation may include:

  • Volunteer agreements and releases

  • Fundraising and sponsorship agreements

  • State-based fundraising laws

  • Privacy law and disclosure requirements

  • Commercial agreements and contracts

  • Non-disclosure agreements

Why choose Swaab?

Swaab Attorneys has a long and proud history supporting a range of industry, community and medical charities and associations with a mix of pro bono advice, resources and financial support. 

Our lawyers have worked with some of the largest charitable organisations in Australia and helped establish numerous Australian-based charities operating both domestically and abroad, such as a children with disabilities support agency in Sri Lanka and an orphanage in Ghana.  Our team is well versed on the different legal structures available for your charity, not-for-profit or social enterprise and can help you determine which structure is most appropriate for your specific needs.

To get started establishing your charity, not-for-profit or social enterprise or to simply find out more information on the process involved, please contact William Kontaxis from our Corporate team on +61 2 9777 8367 or

*Our establishment service includes applying for income tax exemption and GST and FBT concessions with the Australian Tax Office (if applicable), but does not include seeking endorsement for your organisation as a Deductible Gift Recipient (DGR).  If you wish to seek endorsement as a DGR so that your organisation can receive tax-deductible gifts and contributions, we are happy to refer you to a specialist in this field. 

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