Articles written by Derek Mortimer

An NFP Dispute: a Tale of Two Hugs

Summary This story concerns a cultural group that formed a church in a Melbourne suburb to promote their faith. During 2019 an “us and them” culture developed with a new church committee adopting an authoritarian populist governance style. I do not make judgment about that style but mention it to set the scene. I acted for certain members (the “accused” members) who faced accusations from the committee and the committee’s associates.

Reversing the Onus of Proof: a Proactive Response to Preventing Abuse Within NFPs

Legislation that creates a statutory duty of care is likely to have an important impact on the governance culture of not-for-profit organisations involved in caring and supervising children, but it also presents some challenges if that culture is to change. Background Changes to the law are appearing throughout Australia to create a statutory duty of care for organisations involved with caring and supervising children1. The changes mean that a child abuse survivor does not need to prove that the relevant organisation has a duty of care; instead, the organisation must be able to prove that it took reasonable precautions to avoid liability.