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AID/WATCH charitable tax status case
Date published: 15 Apr 10
On 12 March 2010, AID/WATCH was granted special leave to appeal to the High Court and is now set to run an historic test case to clarify the definition of a charity. The High Court hearing is set for the 15th and 16th of June. See here for media coverage and resources related to AID/WATCH’s ongoing battle to restore its charity status.
Brief Chronology
October 2006: The Australian Tax Office (ATO) disqualifies AID/WATCH as a charitable organisation on the basis that it engages in political activity. AID/WATCH appeals the decision to the ATO, arguing that it is a charity with the aim of alleviating poverty, but ATO reaffirms its decision. AID/WATCH and other charities say the case would have a devastating ripple effect throughout the charitable sector.
July 2008: Maurice Blackburn agrees to assist AID/WATCH take the case to the Administrative Appeals Tribunal. AAT President, Justice Downes, overturns the ATO's decision.
February 2009: ATO appeals to the Federal Court of Australia.
22 September 2009: The Federal Court hands down a judgement in favour of the ATO. AID/WATCH announces its intention to seek Leave to Appeal to the High Court.
12 March 2010: High Court decides AID/WATCH is to be granted special Leave to Appeal.
9 April 2010: ATO agrees to treat the case as a ‘test case’, to fund AID/WATCH lawyers and to waive costs in the event AID/WATCH loses the appeal.
15+16 June 2010: AID/WATCH case due to be heard in the High Court
For more information on AID/WATCH’s ongoing battle to restore its charity status see resources below.
AID/WATCH materials
Media Release: AID/WATCH charity case goes to the High Court of Australia 20 October 2009
Background on the AID/WATCH Charitable tax status case 1 October 2009
Media Release: Test case on tax status sends shock waves through charitable sector 25 September 2009
Media release: Charity on trial: ATO tries to ban charitable advocacy 11 February 2009
Backgrounder: ATO’s removal of AID/WATCH’s charity status 30 May 2007
Media Coverage
Ancient law threatens freedom of speech by Elizabeth O'Shea, The National Times, 14 June 2010
Charity to Challenge Tax Ruling by Rowan Callick, The Australian, 13 March 2010
Tax battle may affect advocacy bodies by Rowan Callick, The Australian, 29 November 2009
AID/WATCH in the News: Crikey by Greg Barnes, Crikey, 29 September 2009
Aidwatch court case threatens charities 2SER - Razor's Edge, 26 September 2009
Ruling threatens charities by Marsha Jacobs, Australian Financial Review, 25 September 2009
When is a charity no longer a charity ABC Radio National - National Interest, 25 September 2009
Test case ruling may define charity status by Adele Horin, Sydney Morning Herald, 11 February 2009
Charity in the 21st Century, Interview with AID/WATCH solicitor Anne Gooley, ABC Radio National - Law Report, 5 August 2008
Talkback: The Government and Charities; silencing dissent ABC 702 - Sunday Nights, 10 June 2007
Radio National - Breakfast 30 May 2007
Aid/Watch appeals charity status decision ABC News AM, 30 May 2007
Canberra's gagging us, say charities by Matt Wade, Sydney Morning Herald, 30 May 2007
Concern in Australia over Aidwatch losing charity status Radio New Zealand International, 30 May 2007
