Articles written by Derek Mortimer
LL.B, Grad Dip Legal Prac., Grad Cert Dispute Res. Admitted to practice in the Supreme Courts of NSW and Victoria.
Derek has a reputation for patience, diplomacy and fairness when assisting with the resolution of internal disputes within not for profit organisations. He is valued by his clients for his down to earth, empathetic approach to their needs for legal assistance.
Derek founded the Law Institute Victoria “Charities and Not for profit Law Committee” and served as its founding chair for 9 years. He continues to contribute submissions, presentations and articles to a variety of government agency reviews, public forums and peer reviewed journals. In particular Derek has contributed chapters on “Formation” and “Dispute Management” to the Thomson Reuters Not for Profit Best Practice Manual (2013).
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.
Explore Other Authors
Wan Lik Lee
Chairman of the Board, Founder and Managing Director @ Azeus
Principal Director @ Wentworth Lawyers
Zoe de Ruyter
Lawyer @ Mills Oakley
Assistant Professor @ Rockefeller College of Public Affairs and Policy, University at Albany
Co-Founder @ Hoshizora Foundation