Community interest and stakeholders aplenty, but to whom are the duties owed? Directors' duties in the not-for-profit arena of the Australian Football League Ltd

The Australian Football League Ltd consistently acknowledges that its key stakeholders are broader than just its member clubs, often making reference to groups such as supporters, club members, media and corporate partners, and various levels of government. Given the AFL Ltd's public recognition of those groups, this article considers the question: does a different legal duty apply to directors of not-for-profit organisations, such that the interests of persons other than shareholders must be considered? In reviewing the question, the article outlines the parties to whom the AFL Ltd's board of commissioners owe legal obligations under equitable, fiduciary and statutory directors' duties, and considers those duties in light of the AFL Ltd's objectives stated in its constituent documents. The article highlights additional legal duties imposed on directors of not -for-profit sporting organisations that seek concessional tax treatment, as well as reviewing the likely impact of the soon-to-be introduced national regulator, the Australian Charities and Not-for-profits Commission, on the obligations owed by directors of entities such as the AFL Ltd.