Entries by Joanne O'Brien

Bullying on the Board and the Fair Work Commission

The Fair Work Commission (FWC) has found that a director engaged in activities related to Board meetings and fulfilling the role of a director can be the subject of bullying under the Fair Work Act (FWA).

Joanne O'Brien
An expert with years of experience in, and passion for, advising the not for profit sector in all aspects of their operations from creation, management, mergers and governance through to risk and compliance and beyond, particularly in the aged care sector.

What is Good Corporate Governance?

It is hard to imagine any Board member questioning the need for good corporate governance, but identifying the processes and practices required to achieve that aim is not so straightforward. In an effort to identify the link between governance practices and performance, the Australian Institute of Company Directors commissioned a review[1] of the research into […]

Joanne O'Brien
An expert with years of experience in, and passion for, advising the not for profit sector in all aspects of their operations from creation, management, mergers and governance through to risk and compliance and beyond, particularly in the aged care sector.

Australian Consumer Law Review: Guidance for Fundraising in the NFP Sector

On 19 April 2017, Consumer Affairs Australia and New Zealand (“CAANZ”) released its Final Report detailing its findings following an extensive review of the Australian Consumer Law (ACL). As noted in the report, the ACL will apply to the fundraising activities of not-for-profit organisations in certain circumstances. In the past, there has been uncertainty within […]

Joanne O'Brien
An expert with years of experience in, and passion for, advising the not for profit sector in all aspects of their operations from creation, management, mergers and governance through to risk and compliance and beyond, particularly in the aged care sector.

NFP’s and Donald Rumsfeld

Remember the Rumsfeld mantra about military intelligence – there are 3 types: Known knowns Known unknowns Unknown unknowns As lawyers we are trained and paid to know the law. For us, most of the law falls into the category of known knowns. Trouble is for many NFP’s it falls into the unknown unknowns either because […]

Joanne O'Brien
An expert with years of experience in, and passion for, advising the not for profit sector in all aspects of their operations from creation, management, mergers and governance through to risk and compliance and beyond, particularly in the aged care sector.

Recording Board Meetings

To record or not to record – that is the question. Opinions on what constitutes good governance or good practice in the board room are many and varied. One question that is frequently asked, particularly in relation to not for profit organisations is ‘Should board meetings be recorded?’  This article takes a brief look at […]

Joanne O'Brien
An expert with years of experience in, and passion for, advising the not for profit sector in all aspects of their operations from creation, management, mergers and governance through to risk and compliance and beyond, particularly in the aged care sector.

Amalgamations and Mergers – the downstream costs

Much is made of the benefits that can be derived from amalgamations and mergers of not for profit organisations. Those most often touted are the savings that can be gained from economies of scale and centralised back of house administration. There is far less talk about some downstream costs. I’m not referring to the obvious […]

Joanne O'Brien
An expert with years of experience in, and passion for, advising the not for profit sector in all aspects of their operations from creation, management, mergers and governance through to risk and compliance and beyond, particularly in the aged care sector.

The dynamics of deregulation in home care and disability services

The December 7 edition of The Weekly Source reported on a new arrangement between Home Instead Senior Care’s Gosford franchise and Meals on Wheels Central Coast.  Chris Baynes made an insightful comment when he described it as “an interesting concept. In effect you will have volunteers promoting a private home care service against local Not […]

Joanne O'Brien
An expert with years of experience in, and passion for, advising the not for profit sector in all aspects of their operations from creation, management, mergers and governance through to risk and compliance and beyond, particularly in the aged care sector.

The high cost of copyright infringement

A recent decision of the Federal Court[1] has highlighted the risky game that employees play when they take confidential information to a competitor, and the importance of employers picking the right battles, even when an employee has flagrantly stolen confidential information. The confidential information Mr Johnstone was a business development manager with SAI Global Property […]

Joanne O'Brien
An expert with years of experience in, and passion for, advising the not for profit sector in all aspects of their operations from creation, management, mergers and governance through to risk and compliance and beyond, particularly in the aged care sector.

An Introduction to Intellectual Property

In an increasingly competitive not-for-profit sector, the protection of your organisation’s valuable intellectual property is becoming more and more important. Having an understanding of intellectual property is the first step in identifying ways to protect your valuable intellectual property. This article will provide a brief summary of the different types of intellectual property, as well […]

Joanne O'Brien
An expert with years of experience in, and passion for, advising the not for profit sector in all aspects of their operations from creation, management, mergers and governance through to risk and compliance and beyond, particularly in the aged care sector.

Recognition by Doyles Guide to the Legal Profession

 Doyles Guide is an independent guide to the legal profession in Australia which ranks lawyers and law firms compiled through feedback from peers, clients and relevant industry bodies. We are proud to announce that Brian Herd has been named one of Queensland’s Leading Wills & Estates Litigation Lawyers in 2016.  The firm has also been […]

Joanne O'Brien
An expert with years of experience in, and passion for, advising the not for profit sector in all aspects of their operations from creation, management, mergers and governance through to risk and compliance and beyond, particularly in the aged care sector.