ASIC register and recent judgement in Leeuwin Ocean Adventure

Recent WA Supreme Court case due to the inability to rely on the ACNC register

On 7 December 2024, a letter was written on behalf of the Charities and Not-for-Profits Committee (Committee) of the Law Council of Australia’s Legal Practice Section, about the interaction between the Corporations Act 2001 (Cth) (CA) and the Australian Charities and Not-for-profits Commission Act 2012 (Cth) (ACNC Act).

The letter included some specific recommendations to address the difficulties relating to reliance on the ACNC register and the interaction with the ASIC register.

This submission alerts a recent decision of the Supreme Court of Western Australia which highlights these issues and which regrettably required charitable funds to be applied for legal costs for a court application, rather than for charitable purposes: Re Leeuwin Ocean Adventure Foundation Limited (In Administration); Ex Parte John Allan Bumbak and Richard Scott Tucker as joint and several administrators of Leeuwin Ocean Adventure Foundation Limited¹ (Re Leeuwin).

Read the full submission below.

^{1 [2023] WASC 480 https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/wa/WASC/2023/480.html}

Last Updated on 21/08/2024

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