B2B Magazine issue 109 October 2015 by B2B magazine

109 OCTOBER 2015

B2BMAGAZINE.COM.AU

DO YOU RECYCLE IN THE WORKPLACE? Actsmart Business show you how with 5 quick steps

DO YOU WANT TO SEE YOUR BUSINESS UP IN LIGHTS? Big Impact advertising can make it happen

VOICES IN THE FOREST Celebrating 5 years

capcorp: BUILDING ON 50 YEARS EXPERIENCE IN CANBERRA

OPC IT CELEBRATES 30 YEARS

HOW SHOULD YOU STRUCTURE YOUR INVESTMENT PROPERTY RSM BIRD CAMERON CHARTERED ACCOUNTANTS

WHO ARE THE ROGUES BEHIND ROGUE WINES? THREE MATES THAT BUILT AN INTERNATIONAL WINE BUSINESS

FROM TYPEWRITERS TO THE WWW

HOW TO AVOID A WILL DIY DISASTER

9 771833 823005

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ISSN 1833-8232

DDCS LAWYERS PRIVATE CLIENT ADVISORY

VILLAGE BUILDING and the NATIONAL ARBORETUM PR

A Magnificent Musical Showcase - World-Renowned P

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Simon O’Neill

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CONTENTS

PUBLISHER'S NOTE

BUSINESS AND FRIENDSHIP Many business relationships turn into great friendships - and so they TIM BENSON should. A good business relationship Publisher means that your colleagues, clients and suppliers really understand you and your business. They understand when things ware going well and they understand when you are having problems. They understand when you need a little more time to pay that invoice and you understand when they need a little more time. The key to making all of this work is good communication. Now this can sometimes work via telepathy, but 99.9 per cent of the time this can lead to massive miscommunication. The great thing about good communication is that new business relationships can turn into long term partnerships that can benefit both organisations. Now of course not all business relationships are long term, but there is massive damage that can be caused to your business by thinking short term. Such as the new little client that gives you the absolute 'Tom tits' and you go a 'Rambo' on them, thinking it won't matter because they are a little one off client, only to find out that their best mate, relative, wife, brother – is, or is married to, the CEO of your best client … enough said. It is true, of course, that it is very pleasing to get compliments about yourself and your business … but it is far greater value to receive negative feedback. If someone takes the time to tell you about an issue they have had with you or one of your staff – then now is the time to shut-up and listen. For every one negative comment you hear there at least a dozen that you don't. Negative comments are like gold.

RESENT

Performers

Capcorp Constructions features on the cover and in the cover story in this issue. This is a great story of a local business that has spanned three generations and more than 50 years. Current director, Don Capezio, should be congratulated for his vision to build on the success of Capezio and Co. and to create strong career paths and professional development for – 8.30pm his team..

THE FOREST MBER 2014

EN 1.30pm Send all comments to: editorial@b2bmagazine.com.au RETUM CANBERRA

ER THE SHOW

dinner including d in addition to the concert ticket. BOOK NOW!

ollow us on

Photo by Kasra Yousefi

06 COVER STORY CAPCORP: BUILDING ON 50 YEARS EXPERIENCE IN CANBERRA

CONTENTS

FEATURE

24 FAMILY LAW Financial Agreements – It's all about timing by Dobinson Davey Clifford Simpson Lawyers

08 OPC it version 3.0 OPC i.t 10 Avoiding DIY disasters with your will Dobinson Davey Clifford Simpson Lawyers

24 INTELLECTUAL PROPERTY Unauthorised use of your brand – what are your options? by Arete Group

12 Three Rogues behind Rogue wines Rogue Wines 14 Tax and your investement property RSM Bird Cameron Chartered Accountants

26 RECRUITMENT Jobseekers, there's really no excuse: Research before your interview by Hays Recruiting experts worldwide

16 The power of outdoor media Big Impact Advertising

26 SPORT Mobile marketing - use sport and make it personal by YABBA.guru

COVER STORY 06 building confidence for their clients Capcorp Group ADVICE FROM THE EXPERTS

F E AT U

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The beneficiaries SSUE ants al B2B I • rates futu ten vidu for uce indi U red sing OM.A they can ilable to the • adverti I N E.C not be ava have other income AGA Z to claim the y B2BM The ability unless the the trust. pass on to

19 BOOKKEEPING Better financial management for better ROI by Tailored Accounts

01149

T L I S

I C E P R

20 BUSINESS LAW Verbal Agreements: What's Your n roWord Bird Came Worth? by Bradley Allen Love Lawyers 21 BUSINESS SUSTAINABILITY Recycling in your workplace by Actsmart Business recycling. energy. water.

B2B

10 9 ISSUE

B2BM

AGA Z

I N E.C

OM.A

ISSN 1833-8232 LEGAL NOTICE

A2B: ASSOCIATIONS TO BUSINESS 28 CANBERRA BUSINESS CHAMBER Expanding ACT's export footprint G2B: GOVERNMENT TO BUSINESS 30 CHIEF MINISTER'S MESSAGE ACT becomes Australia's innovation and entrepreneurship hot spot

JOB:

OUR AND Y

20 BUSINESS ADVISORY Commercial Leases v PPSA – the new insolvency battleground? by Vincent Chartered accountants

27 WEBSITES I clicked a page and I bounced it... by SYNAPSE world wide

22 CORPORATE GOVERNANCE The problem of Groupthink by Australian Institute of Company Directos

BUSINESS NETWORKING 32 B2B @ RUBIK'S CUBE BALL FUNDRAISER FOR PROJECT INDEPENDENCE at Hotel Realm 34 B2B @ THE ERNST & YOUNG ENTREPRENEUR OF THE YEAR ACT Cocktail Function 35 B2B @ DEFENCE IN BUSINESS WITH RICK AGNEW: ADVENTURER AND RISK ADVISER Margaret Whitlam Pavilion National Arboretum

22 ENTERTAINMENT So you want a good laugh!! by Peter Funnell Entertainment

35 B2B @ ROSEN BROTHERS CONCEPT HOME 25 Diesendorf Street, Wright, ACT

EDITOR / PUBLISHER

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Tim Benson editorial@b2bmagazine.com.au 0402 900 402 02 6154 9310

Man Bites Dog Public Relations ABN 30 932 483 322 PO Box 4106 Ainslie ACT 2602 b2bmagazine.com.au

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Man Bites Dog Public Relations (‘MBD’) owns the copyright in this publication. Except for any fair dealing as permitted by the Copyright Act 1968 (Cwth), no part of this publication may be reproduced without the prior written permission of MBD. MBD has been careful in preparing this publication, however: it is not able to, and does not warrant that the publication is free from errors and omissions; and it is not able to verify, and has not verified the accuracy of the information and opinions contained or expressed in, or which may be conveyed to readers by any advertisement or other publication content. MBD advises that it accepts all contributed material and advertisements contained in this publication in good faith, and relies on various warranties and permissions provided to it by the persons who contribute material and/or place advertisements. Those warranties and permissions include that neither the material and/or advertisements are misleading, deceptive or defamatory, and that their use, adaptation or publication does not infringe the rights of any third party, or any relevant laws. Further, MBD notifies readers that it does not, nor should it be understood to endorse, adopt, approve or otherwise associate MBD with any representations made in contributions and/or advertisements contained in the publication. MBD makes no representation or warranty as to the qualifications of any contributor or advertiser or persons associated with them, and advises readers that they must rely solely on their own enquiries in relation to such qualifications, and be satisfied from those enquiries that persons with whom they deal as a result of reading any material or advertisement have the necessary licences and professional qualifications relating to the goods and services offered. To the maximum extent permitted by law, MBD excludes all liabilities in contract, tort (including negligence) and/or statute for loss, damage, costs and expenses of any kind to any person arising directly or indirectly from any material or advertisement contained in this publication, whether arising from an error, omission, misrepresentation or any other cause.

BLAST YOUR EXCESS CAR LEASE FEES AWAY! Call our Alliance Leasing agents now on 1300 225 582 or invade us at www.allianceleasing.com.au P Alliance Leasing offers a complete in-house service for novated car leasing.

P Expertise to assist employers offer salary packaging to employees to ensure that the company has no FBT liability.

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AGENT A

The advice provided in this case study is general advice only. It has been prepared without taking into account your objectives, financial situation or needs. Before acting on this advice you should consider the appropriateness of the advice, having regard 2 Bneeds. Before M A G A Z making I N E . Cany O decisions M . A U please seek B 2professional B I S S U Efinancial 1 0 9 advice. to your own objectives, financial situation Band

COVER STORY

Capcorp: building confidence words by Tim Benson

Top image, left to right: Marc Ravanello, Jack Turnbull, Theo Efkarpidis, Dylan Hughes, Joe Bartone and Ben Da Pozzo. Bottom image, left to right: Shaunee Robb, Samantha Davis, Daisy Brillantes and Margaret Spratt.

Don Capezio

apcorp Constructions Pty Ltd, is the logical extension of renowned local building firm Capezio & Co. established by Don Capezio in 1995. Together they build on a family heritage that spans three generations and more than 50 years in the Canberra region. Capezio & Co. is still trading as part of the Capcorp Group and is focusing on delivering high quality residential projects. Capcorp Constructions is focusing on larger multi-unit residential and commercial projects and aims to deliver a bigger and better service to their established and future clients. “My father always said ‘build our client’s buildings as well as we build our own - build it as if you were going to live or work in it’ and this mantra is still the driving principle in all we do. We strive for excellence and our view is if we can’t build excellence then let’s not build it at all,” Don Capezio, Capcorp Director explained. Capcorp has come about by a desire to better serve Capezio & Co.’s clients and also reward their key staff. “We aim to expand our services and create further opportunities to achieve extraordinary

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building outcomes in our communities and contribute to a better quality of life,” Don outlined. “And we will do so in a way that earns trust and continues to enhance our reputation. Capezio & Co. founded its reputation on earning trust by keeping promises, and communicating before proceeding, and this way of ‘doing things’ will continue to be the cornerstone of Capcorp.” One of the new key staff at Capcorp is Construction Manager, Dylan Hughes. Dylan joined Capcorp in 2013 after a career including time with John Holland, on the $150 million HMAS Harman Communications Facility for the Department of Defence, and over eight years with Lend Lease. “I could see an exciting opportunity, with Capcorp’s focus on advancement & improvement, I have been able to step into a more senior management position and continue to grow with the business,” Dylan said. Capcorp has meant better career paths and professional development opportunities for their team but it will still be guided by firmly held family values:

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Photos by Kasra

1. Quality is our number one value 2. Always perform with integrity. Build excellence and offer our clients our experience and our expertise 3. Build a team with great people and look after them 4. Build our clients buildings as well as we build our own 5. Always be available to our clients and staff “Capcorp’s brand promise is ‘building excellence’ and that sums up our purpose and why we get up in the morning,” Don said. All the great elements of Capezio & Co have been retained and enhanced in the new entity. “Nothing has changed – it has just got better. It all continues with the vision, values and ethics of a company led by the same family for three generations,” Don said proudly. Dylan says the creation of Capcorp is a real sign of professionalism and confidence from Don and that it builds on the values of Capezio & Co and their 50 years of building excellence in Canberra. One of the keys to Capcorp’s success is their adoption of the Early Contractor

COVER STORY

Build our client’s buildings as if they were our own…

Examples of Capcorp work: 1. Crace Medical Centre. 2. Mercedes-Benz Canberra. 3. Goodwin Monash. 4. Gulson Canberra.

Involvement (ECI) approach, this has led to the smooth running, and award winning delivery of a number of their recent projects. “ECI is where we get the builder involved earlier in the project to identify and minimise risks in the design phase rather than during construction,” Dylan explained. Some of the key benefits of ECI are: • Through investing quality time in the planning stage there are savings in later unforeseen expenditure • Early involvement minimises risks and maximises budgets • Early involvement increases value through innovative enhancements and methods • No surprises through the construction phase resulting in an on-time, on-budget and high quality outcome Capezio & Co, and now Capcorp, have been responsible for the construction of many commercial, industrial and residential projects including retail, office fit outs, health and community facilities, storage facilities, showrooms and high quality multi-unit housing projects. Some particular projects of note in recent years have included: David Harper House for

Goodwin in Monash, Crace Medical Centre, showrooms for Mercedes-Benz Canberra and Gulson Canberra, along with a very solid history of successful delivery of many education and early learning facilities. Another area where Capcorp has been developing its skills and systems is the delivery of remediation projects, whether as a standalone project such as the Kingston Former Transport Depot Re-roof or the Canberra Brickworks Remediation Project, or as part of a larger project where a section of site requires remediation. “It is becoming a much more common occurrence to find a site with some form of contamination that requires specialist treatment or removal prior to the start of building works, a discipline that Capcorp now excels in.” says Dylan. Dylan sees some optimism for the Canberra economy over the next decade. “The government investing in infrastructure such as The Majura Parkway, City to the Lake, and light rail, will drive investment in Canberra. Other infrastructure will need to be built and older buildings will need to be refurbished. I believe the market is coming back from a downturn,” Dylan said.

Dylan’s vision for Capcorp is to see it continue to grow, and be recognised as a high quality builder of choice in the Canberra Region. “We want to continue building excellence in the region and to specialise in high quality projects such as commercial buildings, showrooms, and multi-unit residential developments”. And the last word should be left to Don Capezio: “I am very proud of Capcorp and all of our 20 plus strong team. Our philosophy has always been to have a ‘hands on’ approach where management is actively involved in the business. We look forward to continuing to serve our clients with integrity, experience, expertise and building excellence.”

Email: info@capcorpgroup.com.au Phone: 02 6239 1113 Office: Unit 2/2 Yallourn Street Fyshwick Web: www.capcorpgroup.com.au/

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OPC it version 3.0 Above L-R: Raushan Mustafin, Stephanie Slater (nee Norton), Shane Yokom, Emma Immonen, Cathy Norton, Clinton Henderson, Brett Norton, Callum Golding, Jessica Versegi, Stephen Ollman, Evan Williams

hirty years ago in September 1985 the Office Productivity Centre (OPC) opened its doors in the Canberra CBD as a retail outlet for Canon and IBM typewriters and printers. Brett Norton, the then Branch Manager and now OPC’s MD, sat on a furniture-less floor with a telephone and a copy of the Yellow Pages and started making phone calls. The first call he made was to Engineers Australia, to whom he sold a typewriter, and they are still one of OPC’s largest clients. A lot has changed for OPC since then, including its name. Brett comments, ‘our family bought OPC back in 1989, but by 2006 with dramatic changes in business and the demise of retail it made sense to rename. OPC it better reflects where the business is today while still retaining our history, although a lot of people are still curious about what the ‘OPC’ stands for!’

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The name and location aren’t the only things that have changed over the years for the company. ‘I still remember selling our first PC back in 1991’, Brett smiles. ‘It had a 5.5 inch floppy drive, a 10MB hard drive, a huge 512k of RAM for the bargain price of $7,500! When the next model arrived it even had a CDRom drive. We sold NEC portable phones – bricks that weighed over 3kgs and of course Canon Bubble Jet printers by the hundreds – Little Squirts as they were called. I can even remember when our Technical Services Director started with us – he had black hair back then!’ During the 90’s, OPC was among the leading Canon and IBM dealers, was on the old PE40 Contract for government, managed an international multimillion dollar contract with Austrade and worked with many agencies and departments in Canberra. But ‘in the late 90’s the introduction of InTACT, now

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Shared Services effectively pulled the rug out from under our feet in ACT Government. It presented a monumental challenge for us and forced us to rethink absolutely everything’, says Brett. OPC rallied to re-engineer its business model and diversify its customer base with a stronger focus on the commercial business sector. In 2000 OPC acquired a company called SafetyWeb and this was the start of yet another major transition for them into the world of web and internet services. Brett comments ‘there is no disputing the impact the World Wide Web has had on our business and IT generally. It was another major turning point for us and being able to offer web services to our clients turned us into a true end-to-end IT solutions provider.’ ‘The speed of change in our industry ever since, on every level, has been exponential,’ Brett continues. ‘It hasn’t been the only

Photo by Kasra Yousefi

F E AT U R E R

F E AT U R E

Photo by Kasra Yousefi

Top Image L-R: Steph Slater (nee Norton), Brett and Cathy Norton Bottom Image: our office in the 90’s

impact though. We have experienced firsthand how changes at a Federal level have bearing on our city because the first thing that generally happens is a swing gets taken at the public service. Canberra is a public service city and there’s no denying that when the cuts and changes occur it has a sometimes catastrophic ripple effect on business. ‘That means we have to stay on our toes. We’ve seen a lot of big players come and go in the IT space, and sadly we’ve seen a number of local businesses fold as well. Our flexibility and our aversion to risk have stood us in good stead but we learned long ago not to put all our eggs in one basket and never rest on our laurels. Cloud is a new challenge for business but we will manage this carefully as it is not a panacea for all businesses and can be a costly alternative. Core to OPC’s re-engineering process over the past ten years has been to invest energy

and focus in the development of Managed IT Services. Having fixed monthly fees for proactive services has proved invaluable to OPC’s clients, many of whom have been using these services for over 10 years. This along with Drupal web development, Dell Premier Partnership, and strategic alliances with VMware and Microsoft have become the cornerstones of their business today; they have some fantastic success stories to tell. The next evolution is rapidly approaching with their inclusion on the department of Finance’s Whole of Government ICT Hardware and Associated Services Panel which came into effect on 24 September. It was a great birthday present and will open up a whole new range of opportunities for them. But what’s OPC’s real secret to not just survival, but success? Brett says ‘at the risk of sounding clichéd, it is our team. We have many employees who have been with us for

over 10 years – some 15 and 20 years. We invest a great deal in them and it is paid back in loyalty and passion. Our team has built relationships with a rich and diverse mix of clients and they have stood the test of some pretty turbulent times. Clients really can ‘leave it to us’. It’s something to be proud of, and we are.’

For more information on how OPC can revolutionise your business, contact the team on 1300 788 616 31-37 Townshend Street, Phillip ACT 2606 www.opc.com.au

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F E AT U R E

Avoiding DIY disasters with your Will RebeccaRichard Tetlow By Rehana

’m not particularly handy when it comes to home maintenance, but there’s one thing I have learnt from the plethora of home renovation shows - when DIY projects go wrong, they go really wrong! The same can be said for DIY Wills. I am regularly asked why people should see a lawyer to prepare a Will, rather than buying a Will kit from the post office or downloading an online Will template. In my experience, there are many things that can (and do) go wrong when people try to write their own Wills. Some of the problems that I have seen with home-made Wills include: Will not signed and witnessed correctly There are technical requirements about how a Will must be signed and witnessed. I have come across a number of Will kits that have been incorrectly signed, not witnessed properly, or witnessed by one of the beneficiaries. At best, this can involve costly court applications to fix and, at worst, can result in the Will being invalid. A lawyer will ensure that your Will is legally signed and witnessed. Dealing with non-estate assets Not all assets are automatically dealt with by a Will. In some circumstances, superannuation and life insurance may pass directly to nominated beneficiaries, rather than via a Will. In addition, a Will may not necessarily deal with jointly owned assets or with business assets, such as assets held in a company or a trust. Many homemade Wills

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try unsuccessfully to give away non-estate assets, with the common result that the gift fails and the assets pass to an unintended recipient. A good estate planning lawyer will advise you on how non-estate assets will be dealt with on death and will take steps to ensure that all assets end up where you intend. Misunderstanding the instructions The law relating to Wills and estates is complex, with concepts that may seem overly technical to the lay person. The instructions in Will kits or online templates can be confusing to a person who is not familiar with making Wills, and often result in poorly drafted Wills. I have seen DIY Wills where the testator left out important clauses, such as: a clause revoking earlier Wills; a gift of residue, which resulted in part of the estate passing on intestacy; and gift over clauses so that the Will did not cover the event of a beneficiary dying before the testator. These kind of omissions can end in costly legal proceedings where the executor must ask the court for guidance if the interpretation of the Will is unclear. A lawyer will take the time to ask you about your wishes, including issues you may not have thought of, and draft a Will that is clear and covers a range of contingencies. Poor strategy Will kits and online templates are unable to provide you with quality advice. Even if you end up with a Will that is validly signed and legally effective, there is no guarantee that the strategy is suitable for your circumstances. If

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your affairs are complex - such as if you have a blended family, own a business or have beneficiaries who are disabled - then it is important to obtain expert legal advice. By having your Will prepared by a lawyer who specialises in estate planning, you end up with more than just a piece of paper. The expert legal advice that goes into creating your Will is just as important as the Will itself. You enjoy the peace of mind that your Will is legally valid and that it is part of an estate planning strategy that is suitable in your circumstances. DDCS Lawyers can provide you with specialist advice regarding your Will and estate planning.

Rebecca Tetlow is the only Accredited Specialist in Wills and Estates Law (NSW) in the Canberra region and is a Senior Associate at the is a Senior Associate at firm. DDCSLawyers. phone (02) 6212 7600 estates@ddcslawyers.com.au, phone (02) 6212 7600 www.ddcslawyers.com.au estates@ddcslawyers.com.au, www.ddcslawyers.com.au

BUSINESS ADVISORY LOCAL CLIENT SUCCESS STORY How did a busy restaurant in Canberra’s inner south cut expenses by 23% adding 16% to their bottom line? How did an engineering company in Hume become the engine driving its owner’s retirement? They did it, with a phone call… To RSM Bird Cameron.

RSM Bird Cameron don’t just give you business growth advice, they walk with you, side by side, to make it happen. Call RSM Bird Cameron today and lets do business 6217 0300 | www.rsmi.com.au

With RSM Bird Cameron you really are… Connected for Success.

F E AT U R E

three rogues

behind

words by Tim Benson

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F E AT U R E

anberra is known for its vineyards and winemaking but there are three friends from the University of Canberra that have quietly gone about building a national and international vertically integrated wine business. Based right here in Canberra is local business, Rogue Wines, a company that owns vineyards, wineries, production and distribution - a real wine company. A real wine company that is taking on the large wine companies and through innovation, adaptability and a drive to bring quality wines to the market, that over delivers on quality for the price, has seen a unique local business grow and thrive. Matt Farrah, Ant Moore and Simon Rees, the rogues behind Rogue Wines, are three mates who studied at University together, who decided to produce their own wine using the combination of their experiences and knowledge. Matt, Ant and Simon, come from various backgrounds and core experiences. Matt Farrah draws experience from a successful and varied retail ownership background. Simon Rees is trained and experienced in Advertising and Marketing. Of course the most important ingredient of producing high quality wines is the winemaker, that’s the domain of Ant Moore. He’s won plenty of awards and many say he is a maverick – combining traditional and unique winemaking techniques to produce exceptional wines. “What makes us different, is that as a local Canberra business, we own our own vineyards in New Zealand, make wine in our own winery and distribute it ourselves direct from the source. This allows us to deliver high quality wines at great prices,” Matt said proudly. Significant brands owned by Rogue Wines include: Pear Tree, Little Black Stone, Waihopai, Ant Moore Beachwood, Off Road, IL Posto Prosecco and Mr Smith. The growth of Rogue Wines has meant that they now distribute wine, beers and spirits for a variety of outstanding producers from around Australia and the world including: Shaw Vineyards from Murrumbateman, Glendalough Irish Whisky (voted world’s best Irish whisky), Frenchman’s Cap from Tasmania and Spanish wines, La Multa and De Alto. “Our wines come from all over Australia and New Zealand and through building our distribution business we now import wines and whisky from all over the world as well as distributing other company’s wines,” Matt explained. In 1987, when Matt Farrah was 17 he moved to Canberra from Albury to study Business

Administration at the University of Canberra (UC). After finishing he opened Campbell Liquor Discounts at the Campbell Shops. “Running the bottle shop I learned about trading, respect, how to deal with people and the ins and outs of business – which I thrive on,” Matt said. In 2002, after running the bottle shop for 10 years, Matt and a group of friends bought the Campbell shopping Centre. They then bought the supermarket and renovated the shops and supermarket to bring up to the standard the locals expected and reopened the supermarket at Campbell IGA Express. During this time Matt’s friend Ant Moore, who undertook Sports Studies at (UC), had opened a gym in Gladesville, Sydney. Matt would frequently send his friend a case of mixed wine to enjoy at his leisure. After a while Ant realised he had a stronger passion for wine than running a gym and enrolled in a wine making course at Charles Stuart University. And then worked for Hardies Wines in Mildura for a couple of years and then applied for the position of head wine maker at Isabel Estate in New Zealand’s premier wine making region, Marlboruogh. “Two years later Ant rang me and said we should get into vineyards,” Matt explained. Matt bought 100 acres in the Waihopai Valley in Marlborough, site unseen. “When I got over there I thought it was so amazing we then bought another 200 acres. This went on for a couple of years until they had 700 acres of land planted with vines,” Matt said. The Ants Nest Vineyard was born in 2004 and the third rogue, Simon Rees came aboard the wine train. “When the GFC hit, the company that contracted our grapes, walked out and we were left holding 3500 tonnes of grapes,” Matt explained. As they were already dabbling in wine making with Pear Tree, they decided to turn a disadvantage into an advantage and in 2008 built a vertically integrated wine business. “We invested all of our money into a wine production and distribution business to get the wine to market. We that that if we grew, made and distributed our wine, we would control our own destiny,” Matt outlined. “We called ourselves Rogue Wines because we were new to the industry and had a lot to learn, but because we had never done it before we built it our way and did things unconventionally.” Rogue Wines grew quickly, initially from Matt selling $100,000 worth of wine in 2009 to

hiring people in Queensland, NSW and Victoria and turning over $3 million in sales 2011. Rogue’s initial clients were pubs, restaurants, wholesalers, liquor groups, charity group, special events, festivals etc – in fact anyone with a liquor license. “Rogue was, and is, a fast moving company. We don’t need to have a board meeting to come to an arrangement that meets the needs of our clients. We have on-the-spot quick decision making processes,” Matt said. Rogue Wines now have 12 staff and produce approximately 20 of their own wine labels and distribute another 20 labels. In addition to this they have also expanded into whisky and have taken on Glendalough Irish Whisky which has been awarded the best Irish Whisky in the world and best Irish single malt. “Thanks to our great staff and distribution network we have currently exceeded our sales expectations by selling four times the volume Glendalough distillery expected,” Matt said proudly. Rogue Wines are now looking at moving into their own warehousing and transportation, to control more vertical integration. Their first warehouse is in Melbourne and they are looking at expanding to each state with a strategic warehousing partner. “We have been playing in international markets and are looking to expand to the US in a big way. We are already in the US but are going to ramp this up due to the massive demand of quality Marlborough wines,” Matt outlined. The three rogues behind Rogue Wines; Matt, Ant and Simon, have big plans for the next decade. “Over the next ten years our strategy is to continue to build tremendous relationships with our current clients, suppliers and industry specialists, to grow into a multi-faceted national, and international, beverage company, bringing high quality wines beers and spirits from all over the world to our clients,” Matt concluded. Not bad for three mates that formed a Canberra company with a passion for wine. Phone 0403 317 692 Email matt@roguewines.com.au Website www.roguewines.com.au

B2B SPECIAL OFFER: Any new client that arranges to meet and takes on Rogue Wines products will receive a free case of wine to say thanks for doing business.

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F E AT U R E

AND YOUR

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F E AT U R E

SMSFs are useful for holding investments as they have a maximum tax rate of 15% on income and 10% tax on capital gains for assets held for more than 12 months.

hen purchasing an investment property, the choice of ownership structure is important to ensure you minimise the effects of taxation. Available structures include Self Managed Superannuation Funds (SMSFs), family or unit trusts and companies, as well as holding the property individually or in joint names. When a rental property is purchased in your own name you can take advantage of negative gearing which effectively lowers your taxable income and reduces tax. If the property is held for longer than 12 months, individuals are eligible for the 50% general discount on capital gains, effectively halving the amount of capital gain you will pay tax on. Holding a rental property jointly with your spouse has the same advantages and disadvantages as owning the property individually, however any assessable income and deductions and therefore any tax benefits or tax payable is shared in the same proportions as the ownership of the property. SMSFs are useful for holding investments as they have a maximum tax rate of 15% on income and 10% tax on capital gains for assets held for more than 12 months. While the money available to invest is limited to the balance of the fund, borrowing money may be a viable option. Investors should be aware that once contributions are made to the fund, the money cannot be accessed until the conditions of release have been met (normally on retirement). SMSFs which are funding pensions pay no tax at all on investments or capital gains. When a rental property is held by a trust the net income can be streamed to the beneficiaries in a tax effective manner. Losses from a negatively geared property though are trapped in the trust and can only be used to reduce future trust profits. These losses may not be available to the individual beneficiaries unless they have other income they can pass on to the trust. The ability to claim the

50% general discount on capital gains will be determined by the type of beneficiary or trustee as trusts are not taxed directly. If a rental property is owned by a company, tax is payable at a rate of 30%. However any losses on the property, as a result of negative gearing, are trapped in the company and used to reduce future profits. Companies are not entitled to the 50% general discount on capital gains, and therefore pay tax on the full capital gain at 30% in the year it is sold. It is also important that prospective and current property owners understand the taxation implications of their investment. The purchase and ownership of a rental property can incur many expenses which may be categorised differently for tax purposes. Some expenses on the initial purchase are capitalised and treated as part of the asset cost base for future CGT purposes. These may include: • stamp duty on the transfer of the property title with the exemption of property located in the ACT where stamp duty is an immediate deduction • conveyancing and settlement costs • building & pest inspection reports Initial repairs to the property Some expenses can be claimed as a 100% tax deduction immediately. These may include: • interest on the rental property purchase • interest on a depreciating asset for the property • interest on renovations or maintenance • repairs and maintenance • costs of preparing a lease agreement with your tenant • costs associated with evicting a tenant • travel costs when the main purpose is tending to your rental property • insurance • land tax • rates • advertising for tenants

Some expenses are claimed over many years or the life of the asset. These may include: • the total cost of construction or building improvements • purchase and replacement of items such as a hot water system or air conditioner • borrowing costs such as stamp duty on mortgage and loan establishment fees Certain types of rental expenditure are constantly scrutinised and targeted by the Australian Taxation Office due to a lack of understanding of the tax rules or incorrect claims. These may include: • deductions for rental properties not genuinely available for rent • interest on the drawdown of a loan used for other purposes • travel expenses • deductions for initial repairs or repairs which in fact are improvements to be depreciated • rental to related parties for noncommercial rental rates for example rent to a family member As the cost of getting the purchase structure wrong or the cost of making a mistake with your rental income and deductions can be large please contact our team for advice tailored to your specific needs and circumstances.

Bird Cameron

Chartered Accountants

Rhys Kyburz Director, Business Solutions RSM Bird Cameron 02 6217 6311 Rhys.kyburz@rsmi.com.au rsmi.com.au With RSM Bird Cameron you really are... Connected for Success

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F E AT U R E

ig Impact Advertising is Canberra’s premiere outdoor advertising specialist. With over 6 years of experience in delivering Outdoor Media solutions to Canberra businesses, Managing Director, Tamer Bakr, and Business Development Manager, Matthew Turner, have developed a wealth of knowledge which they are keen to share with Government and businesses in the ACT. “We love Canberra and its business sector, we want it to succeed just as much as any other business owner in the region and we believe we have one of the key ingredients to the recipe for success when it comes to advertising.” Bakr said. This ingredient is Outdoor Media according to the team at Big Impact and as evidenced by their many satisfied clients. Many businesses and Government departments are turning to Big Impact Advertising to find a new and unique way of taking their creative messages to the public. It can be very hard in the ACT to run an effective advertising campaign. Some demographics don’t go online or use social media, others don’t watch television or listen to the radio and some are so tech savvy they don’t read print anymore. How can you reach all of these people with an affordable solution that sees a high return on investment? Through the power Outdoor Media. Outdoor Media has the ability to broadcast widely and capture a large audience, particularly in the ACT where great cut-through is achieved as there are no competing billboards. A campaign with Big Impact can reach the masses yet it can

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also be focused, connecting with a targeted audience due to its location-based nature or unique demographic appeal through creative artwork. Big Impact’s media is comprised of static, scrolling, digital and mobile advertising formats. This makes their approach to advertising very flexible and effective. Their media can follow the crowds, attend local events taking advantage of captive audiences yet still have a permanent presence in the major catchment areas of Canberra where people spend their time. Big Impact can implement long term branding campaigns but also works well with short term and last minute promotions. “Big Impact Advertising really do go the extra mile to ensure that you get what you paid for. They advertise during peak hours (depending on where they are situated) to obtain maximum attention. They continuously follow up so they can be certain that the areas that they are targeting are getting results. BIA is an absolute pleasure to deal with, they provide fantastic customer service, are always available, easily approachable and the service is unmatched. They are genuinely trying to help you grow your business and not just theirs. We have received many comments and feedback from the advertising so we believe that this form of branding is beneficial.” (Chris Comb, Managing Director, Wok It Up Noodle Bar). “Connexxion have been using Big Impact for over two and a half years now after we put our first digital display on the old screen at the National Convention Centre (NCC). We moved over to two screens in Fyshwick a year later and then returned to the NCC this year when the new screen was in place.

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Throughout this time Tamar, Matt and the team at Big Impact have been great and have allowed us to refresh the screens at any time, and over Christmas last year on a daily basis. We were even able to fulfil the wish of a staff member who wanted to see his photo on the big screen alongside our office signage. The team at Big Impact have also provided other options for getting the Connexxion brand in the market place, including two trucks with Connexxion signage currently driving around Canberra and spotted at local events. These were recently seen at the Government Technology Expo where we received feedback that we had better exposure than some who were sponsoring the event. We thank the team at Big Impact and look forward to continuing with them into the future.” (Charmaine Daniel, CFO, Connexxion) The Outdoor Media Association of Australia (OMA) has conducted research that shows that advertising campaigns run with over 15% of the total spend on Outdoor Media have a higher return on investment compared to those that ignore the ever present form of media. The OMA’s research also shows that when Outdoor Media is used as a media multiplier in conjunction with mediums such as television, radio and online, it has the ability to extend a campaigns half-life by up to 30%. Research from Nielsen also shows that 86% of people agree that Outdoor Media makes brands stand out. “These are statistics that businesses cannot afford to ignore. The Outdoor Media industry is the oldest and still one of the fastest growing forms of media in Australia and as the population of Canberra grows, so does the power of outdoor advertising. While other mediums are becoming diluted and less prominent, Outdoor Media continues to catch more eyes and isn’t that what advertising is all about?” said Turner. So if you have been looking for that innovative difference in your business’ approach to advertising, then speak to Tamer and Matt at Big Impact Advertising and see how their hard working, clear, affordable and knowledgeable approach to outdoor advertising can add value to your business here in Canberra. For more information contact Big Impact on Phone: 1300 BIG IMPACT email: admin@bigimpactadvertising.com.au www.bigimpactadvertising.com.au

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ADVICE

ACCOUNTING

46 per cent of SMEs planning to invest in the digital space

BOOKKEEPING

Better financial management for better ROI

BUSINESS ADVISORY

Commercial Leases v PPSA – the new insolvency battleground?

BUSINESS LAW

Verbal Agreements: What's Your Word Worth?

by Andrew Sykes, RSM Bird Cameron Chartered Accountants

by Harry Hoang, Tailored Accounts

by Tony Lane, Vincents chartered accountants

by Mark Love, Bradley Allen Love Lawyers

BUSINESS SUSTAINABILITY 21

Recycling in your workplace

CORPORATE GOVERNANCE 22

The problem of Groupthink

ENTERTAINMENT

So you want a good laugh!!

FAMILY LAW

Financial Agreements – It's all about timing

by Ros Malouf, Actsmart business recycling. energy. water.

by Phil Butler, Australian Institute of Company Directors

by Peter Funnell, Peter Funnell Entertainment

by Stuart Cameron, Dobinson Davey Clifford Simpson Lawyers

INTELLECTUAL PROPERTY 24

Unauthorised use of your brand – what are your options?

RECRUITMENT

Jobseekers, there's really no excuse: Research before your interview

SPORT

Mobile marketing - use sport and make it personal

WEBSITES

I clicked a page and I bounced it...

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by Shaun Creighton, Arete Group

by Jim Roy, Hays Recruitment experts worldwide

by Paul Smith, YABBA.guru

by Sam Gupta, Synapse Worldwide

ACCOUNTING

BOOKKEEPING

by Andrew Sykes

46 per cent of SMEs planning to invest in the digital space Disruptive technologies and innovation are accelerating the need for change and are having a profound impact on many traditional business models and their revenue streams. To compete effectively, businesses must adapt and evolve quickly to respond to what is becoming the new ‘norm’. Operationally this is being made easier by digital technologies such as customer relationship management (CRM) systems and other business intelligence (BI) systems that let businesses get a clearer view of who their customers are and how to target them. However, culturally, this requires a significant shift in thinking. Digital disruption aka business disruption can lead to competitive advantages through the ability to deliver better services faster, regardless of company size. It’s no longer a matter of the big fish eating the small fish but the fast fish eating the slow fish. Technology systems like Enterprise Resource Planning (ERP) and CRM are now more readily available to smaller businesses as cost and complexity reduce. And SMEs are looking to automation to achieve productivity and revenue improvements. Digital disruption is occurring across many sectors. The four primary enablers that are now maturing to facilitate change include cloud, mobile, social and big data. According to the latest thinkBIG study, businesses are increasingly investing in technology. 50 per cent of respondents said they increased financial investment in the digital space in the last 12 months. Further, 46 per cent of SME owners intend to make an increased financial investment in the digital space in the future. Competition for customers and share of wallet is intensifying and now, more than ever, business owners need to be better connected to customers with a real focus on sales planning as part of their overall business strategy.The study found that 13 per cent will launch web or mobile applications, 7 per cent will launch mobile tools for employees, 8 per cent will implement ERP or CRM systems, and just 8 per cent will implement a cloud-based accounting system. At this stage it looks like this investment will continue to focus primarily on social and mobile and secondarily on big data or cloud, despite the many advantages and cost benefits of those technologies. Notwithstanding we expect that future investment in cloud will begin to pick up pace. Organisations can leverage social media by actively asking customers for their feedback. This can help drive a stronger relationship with the customer, as well as informing the company’s overall strategy. There is also potential to use social media to drive revenue and it should be an integral part of an omnichannel approach that aggregates all customer data. thinkBIG has measured the pulse of the Australian SME since 2005. It benchmarks business growth and profitability, business planning, exit planning, superannuation and the impact and uptake of technology. 446 business owners participated in the 2015 study, providing insights into how Australian SMEs feel about their business.

By Harry Hoang

Better financial management for better ROI Following my article on the micromanagement of finances last month, I will provide more evidence on how micromanagement leads to better return on investment (ROI) for businesses. I once had a client who provides electrical services, so he and his staff were always on the road and rarely in the office. When I took over to manage his business’ finances, the first thing I did was to perform cost analysis to determine his business’ break-even point. Even though business is good with a steady flow of customers and high turnover rate, the bottom line was so weak such that the business was constantly faced with cash flow problems. The business often had difficulties paying BAS and salaries on time—it was as if my client was juggling with five different credit cards every month. Upon thorough analysis, I discovered that the main issue with the business was that my client only prepared monthly invoices. That is to say, by the time my client realised that he has received the cash payments from the jobs performed, that was usually 60–90 days after he or his staff performed a job. My client used to update his business accounts daily, but as his business grew and he started employing more staff, it became extremely tedious to track and record the daily finances. Following a meeting with his staff, he decided to update his accounts monthly, so the total billed hours were only sent to his bookkeeper on a monthly basis. It took the bookkeeper a further three days to add the total billed hours to the timesheet and ensure all accounts were up-to-date. When my client came to me for advice, my first suggestion to him was to return to when his business first started—that is, to track the time spent on each job and bill accordingly. I recommended Deputy, an all-in-one cloudbased platform, to my client, so that he and his staff use their mobile phones to track the time spent on their jobs on-site. Subsequently, the time-billed hours are sent directly to Xero or Intuit QuickBooks Online for real-time billing. The invoice is concurrently raised and sent to the customer. Payroll is also made simple with a few mouse clicks. This integrated platform consisting of Deputy and Xero or Intuit QuickBooks Online greatly reduces the manual processing time for any bookkeeper. To conclude, such micromanagement style leads to: • Reduced frustration from time billing jobs and enhanced job satisfaction; • Real-time updates from all staff for jobs performed on a daily basis; • More time as staff no longer have to manually record their jobs; and • Improved cash-flow since invoices are settled within 14 days, rather than 60–90 days previously. The future lies in cloud technology, so it is never too late to start investing in the future! The integrated Deputy–XERO/Intuit QuickBooks Online platform is the perfect tool for businesses to adopt modern financial management that will ultimately lead to better ROI.

For a full copy of the RSM Bird Cameron thinkBIG 2015 report which includes recommendations and tips for businesses as well as many useful case studies, head to rsmi.com.au/thinkBIG2015.

Bird Cameron

Chartered Accountants

Should you have any questions in relation to any of the ideas raised in this article, please contact Andrew Sykes Director at RSM Bird Cameron on Andrew.sykes@rsmi.com.au or call 6217 0300.

Harry Hoang is Tailored Accounts Executive Director M3 Building, Level 1, Suite 127, 24 Lonsdale Street, Braddon ACT 2612 Australia T: 02 6169 5196 | M: 0434 196 607 E: info@tailoredaccounts.com.au | www.tailoredaccounts.com.au

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BUSINESS ADVISORY By Tony Lane

Commercial Leases v PPSA – the new insolvency battleground?

BUSINESS LAW by Mark Love

Verbal Agreements: what’s your word worth?

The Personal Property Securities Act 2009 (PPSA) is now an entrenched part of the Australian business landscape. However, an increasing interest is being taken (particularly by insolvency practitioners), in the interaction of that statute with provisions contained in commercial leases. Prior to the implementation of the PPSA, the common practice amongst lessors of commercial premises who provided chattels (whether or not fixtures) to protective tenants was to annexe the inventory of chattels to the lease. In that way the lease would also cover the ‘lease’ of the chattels. Since the implementation of the PPSA, the treatment of such items has become less clear. The PPSA does not deal with land, or things attached to land (fixtures), so the concept of what is and what is not a fixture remains beyond the PPSA. However, what has emerged from recent cases is the tendency for the PPSA to treat ancillary chattels, that are not capable of being classified ‘fixtures’, as a separate (and separable) class of asset and the ‘lease’ of these to the tenant as a PPS Lease (under s.13 of the PPSA). Such a lease in those circumstances requires separate registration on the Personal Property Securities Register (PPSR) in order to be enforceable against third parties – in particular, liquidators. In two recent matters, a landlord’s entitlement to retain assets purportedly covered by a commercial lease was successfully challenged where those assets were not subject to a separate PPSR registration. In the first case, an unassigned lease subject to a business sale agreement purported to include the lease of certain assets deemed necessary by both landlord and tenant for the conduct of the tenant’s business. Upon the insolvency of the tenant’s business, the assets purportedly subject to the lease were retained by the Liquidator for the benefit of creditors, as distinct from the premises fit out and fixtures, which remained subject to the lease. In the second case, a landlord had secured personal property (by way of undocumented hire and lease arrangements) for a tenant and asserted that his property rights in those items were dealt with by the commercial premises lease. Again, upon an event of insolvency the Liquidators were successful in defeating the landlord’s (and in this case the primary hirer’s) interest and retained the goods. Commercial landlords would be well advised to review the terms of their lease documents to ensure their rights are protected in insolvency events.

In the everyday hustle and bustle of business, you could be forgiven for assuming that whatever sale you’re negotiating or venture you’re collaborating on, the deal isn’t done until the contract is signed – wrong. The recent case of Yulema Pty Ltd & Anor v Simmons & Anor [2015] NSWSC 640 is a timely reminder that a verbal agreement can be every bit as binding as a written one. In a fast paced commercial environment, when might those ‘discussions’ come back to bite? In its most basic form, a contract is simply a collection of criterion, much like Marvel’s Avengers. Independently these criteria have little potency but once assembled, become a force to be reckoned with. The fundamental elements are the making and acceptance of an offer, certainty as to the essential terms and an intention to create binding legal relations – all of which can be achieved verbally. The Nick Fury to an otherwise motley crew, the glue that binds them all together, is “consideration” - an exchange of value (whether cash, goods, services etc). Together, they give rise to an “enforceable” agreement. Yulema concerned a 2009 transaction where various parties were negotiating a buy-out. One such party (Yulema) owed a $1.04million debt to another – the resolution of that debt threatened the negotiations. In an effort to expedite things, a Mr Roche gave an oral undertaking to assume partial liability for the debt. The arrangement was informal and never reduced to contract but two years later, Yulema sought to enforce it to the tune of over $350,000. The NSW Supreme Court upheld the claim; there was sufficient offer, acceptance, certainty, value and intention to give rise to a binding and enforceable agreement. As with Mr Roche, too often people feel compelled to rush into a verbal agreement to secure a deal. They give assurances and make representations to ‘lock in a good price’, or pay a deposit to ‘get it before someone else does’. Where these agreements arise, there is always ambiguity which breeds disagreement, expense and often the dissolution of what could otherwise have been a profitable relationship. If circumstances compel entry into a verbal agreement, take steps to mitigate your risk: keep detailed records of any discussions or correspondence with the other party. In the event of dispute, this will assist a court to determine the true terms and intention of the deal. Of course there are legislated exceptions and mitigating circumstances, but our tip? Keep the money in your pocket until you’ve got it in writing.

Tony is a Director at Vincents Chartered Accountants and provides specialist advice to clients in the areas of insolvency, business risk and financial conflict and dispute resolution. For more information, contact Vincents, Level 7, AMP Tower, 1 Hobart Pl, Canberra City. T: 6274 3400 F: 6274 3499 E: tlane@vincents.com.au W: www.vincents.com.au

Mark Love, Legal Director, Business Law 9th Floor, Canberra House, 40 Marcus Clarke Street, Canberra ACT 2601 E: mark.love@bradleyallenlove.com.au T: 02 6274 0810 | www.bradleyallenlove.com.au

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BUSINESS SUSTAINABILITY By Ros Malouf

2 line Heading Recycling in your workplace ONLY Whether you work in a restaurant, office, or retail shop, there are many ways you can recycle your waste rather than sending it to landfill. Setting up effective recycling systems helps businesses save significantly on their waste bills while helping the environment and meeting corporate responsibilities. The Actsmart Business program provides free assistance and tailored advice to help you set up your recycling systems. Once systems have been set up, we provide staff education, signage and recognition as an Actsmart business. Five quick steps you can take to start setting up recycling at work: 1. Know your waste: Assessing what waste you are currently producing is essential to work out the most cost-effective way to recycle your waste. It costs significantly less to get a wheelie bin of paper or mixed recycling collected than sending it to landfill, so recycling will save your business money. 2. Reduce the amount of waste coming into your business: Buying in bulk reduces packaging. You can also request that items are shipped in returnable containers, encourage staff to take their own cup to coffee shops, communicate electronically to minimise paper use, and provide options to reuse items in the workplace rather than discard them.

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4. Education is the key to success: Getting your staff interested in recycling is one of the most important aspects of improving your recycling. Actsmart can provide a free on-site, engaging information session for your staff, and provide stickers and signage to make sure staff know exactly what can go in each bin. Consider rewarding individual employees for ‘contaminant-free’ recyclables/organics.

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3. Consider organics: A large percentage of commercial waste consists of food scraps and compostable waste. Commercial worm farmers will provide bins for your workplace and regularly collect them for their worm farms. Organics include hair from hairdressers and coffee grounds from cafés. Worm farms reduce the amount of methane produced at landfill from decomposing matter, and convert organic waste into useful products like fertilisers and soil conditioners.

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FIND OUT HOW YOU CAN BE A PART OF IT For more information contact Actsmart on Phone: 13 22 81 or Email: actsmart@act.gov.au www.actsmart.act.gov.au Level 2 North, Dame Pattie Menzies House, 16 Challis Street Dickson ACT 2602

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CORPORATE GOVERNANCE by Phil Butler

The problem of Groupthink How many times have you seen meetings of committees, boards or internal work groups fail because they fall into line with others rather than really exploring the opportunities that could exist. Groupthink often occurs because the individuals value unaminity and cohesiveness more than the potential group disharmony from fully exploring a wider range of options. There have been many articles that have explored this, but one from Harvard Business Review in December 2014 got to some solutions that could assist boards or any group to overcome this issue. The authors noted that one very practical way is for the chair ( or group leaders) to “encourage others to express their own views by refusing to take a firm position at the outset, and by indicating a willingness and desire to hear uniquely held information. Further, the authors suggest that “encouraging authentic dissent or, potentially, appointing a “devils advocate” to construct a case against a proposal. The real value of boards or work groups is the diversity of opinion that comes from the individuals within the group. It can be argued that the group does need to work as a team, but if the team does not have some dissenting views, then it can fall into mediocrity. The role of the chair or leaders of these groups is absolutely critical. They need to be able to “sense” when groupthink is starting to become an issue, while also managing that the individuals of the group who may have stronger views or a more forceful style don’t dominate the group into becoming unworkable. This takes considerable skill and much experience. Another important way of overcoming groupthink at both board and internal work groups is to ensure real diversity in such groups. This diversity will include gender, but also should represent a range of professional experience, age and if possible, cultural diversity. While such diversity cannot guarantee the absence of groupthink (and can lead to other challenges), if well managed can achieve high performing groups making excellent decisions.

ENTERTAINMENT by Peter Funnell

So you want a good laugh!! For your next function, why not consider one of our hilarious comedy acts. We represent Australia’s most renowned comedians to suit any budget, guaranteed to have your guests rolling with laughter. Here are a few examples of some of our finest: Paul Martell – One of Australia’s most successful corporate comedians and MC’s for over 25 years. Voted COMEDIAN OF THE YEAR on 14 occasions, he remains in constant demand and is still one of the busiest comedians in the business due to his ability to continually ‘re-invent’ himself, stay fresh, non-offensive and current. Mick Meredith is one of Australia’s most versatile stand up comedians and has established himself over the years as a popular and successful funny man. His style is laidback and cheeky with plenty of laughs and applause, Apart from his regular comedy gigs, Mick is one of Australias’ most soughtafter corporate entertainers Darren Carr – From an early age, Darren has been playing with dolls and talking to himself. For 15 years he has toured the world with his “box of friends”, and was recently crowned Australia’s number one variety performer at the “Australian Performer of the Year” in the Entertainment Awards”. Jay Sullivan is a renowned comedian and actor, and has won Green Faces, was a RAW Comedy National Finalist, and has been a regular performer at venues in Sydney and Melbourne including: The Roxbury Hotel, The Comedy Store and many more. Jay is the perfect entertainer for corporate events and is used to working in the role of MC, comedian, or hoax artist.

Paul Martell

Mick Meredith

Darren Carr

Jay Sullivan

Milo keeps the family entertained. With his hilarious repertoire of tricks and antics. Milo

Peter Funnell’s knowledge and experience in servicing the Canberra region has no peer. Corporate and government events, conventions, seminars, outdoor festivals, private functions, and entertainment to meet your requirements perfectly.

Phil Butler is Manager - NFP, Public Sector & ACT at the Australian Institute of Company Directors. Level 3 54 Marcus Clarke Street Canberra T: 02 6132 3200 | www.companydirectors.com.au

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Go to www.funnellentertainment.com.au | Email: peter@funnellentertainment.com.au or Phone: 02 6251 5452 | Mobile: 0412 620 310

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INTELLECTUAL PROPERTY

FAMILY LAW by Stuart Cameron

Financial Agreements – It’s all about timing

Unauthorised use of your brand – what are your options?

In the July issue of B2B, my colleague Alison Osmand, provides an important summary of why a Financial Agreement (also known as a “prenuptial agreement”) might be good for some relationships. Alison’s article is timely in light of a recent decision handed down in the Family Court of Australia. In the decision of Raleigh & Raleigh, handed down on 30 July 2015, the Judge had to decide whether or not a Financial Agreement entered into prior to separation was binding on a husband and wife after they separated. The parties entered into the Agreement 8 days prior to the wife giving birth to their first child, and in circumstances when she had received less than 15 minutes of advice from her solicitor prior to signing the document. The effect of the Agreement, if it was held to be binding, would be that the Husband’s assets brought to the marriage would be protected from a claim made by the Wife after separation. Not surprisingly, the Court made orders setting aside the Agreement and made findings that the advice the Wife received was inadequate and that the Husband exerted undue influence on the Wife to procure her entry into the Agreement. As a firm that specialises in family law, we are occasionally contacted by potential new clients who want to “drop in” and have one of our lawyers sign a statement of independent legal advice for a Binding Financial Agreement, usually drafted by the other party’s solicitor. The above case provides a timely reminder that although Financial Agreements can be an effective way of sorting out a couple’s financial affairs, great care must be taken when drafting the Agreement and proper consideration ought to given to the actual circumstances that are present at the time the parties are entering into the Agreement. The object of providing independent legal advice is not simply to meet minimum formal requirements, but rather the advice and the manner in which it is given must be of the highest standard. If either party receives inadequate advice it could operate as a ground to apply to have the Agreement set aside. A hastily drafted Agreement, prepared on the spur-of-the-moment, is at greater risk of being set aside by a Court at a later date. If you are contemplating entering into a Financial Agreement it is vital that the legal advice received is comprehensive and well considered. If you are being asked to sign a document that you do not fully understand or if your circumstances at the time put you in a vulnerable position then clearly this may not be the right time to enter into the Agreement. An agreement of this kind is best prepared in the “cool light of day” when both parties have properly considered all their options and each party has received specialised advice from their own trusted advisor.

Stuart Cameron is Senior Associate at firm at the firm 18 Kendall Lane, New Acton Canberra City ACT 2601 T: (02) 6212 7600 E: mail@ddcslawyers.com.au www.ddcslawyers.com.au

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By Shaun Creighton

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Businesses often see their branding misappropriated. However, the range of intellectual property and allied rights which can attach to branding means care must be taken in developing a suitable strategy before taking action. Branding registered as a trade mark If the branding in question has been registered as a trade mark, then the simplest course is to consider trade mark infringement proceedings. Typically, infringement involves unauthorised use of a “substantially identical” or “deceptively similar” sign for: • the same goods/services for which the mark is registered, • goods/services “of the same description” as the goods/services for which the mark is registered, • or services “closely related to the goods” for which the mark is registered (and vice versa). However, because of the nuances of these tests, the possibility of noninfringing uses and/or defences and the risk of breaching the “unjustified threats” provisions of the Trade Marks Act 1995, it is advisable to seek advice from a trade mark law specialist before threatening or undertaking legal action for trade mark infringement. Branding not registered as a trade mark If the branding in question has not been registered as a trade mark, then other sources of rights may still exist, including possible rights under: • the common law relating to ‘passing off’, • the Consumer and Competition Act 2010 (CCA); and • copyright. Passing off most frequently occurs when a trader ‘puts off’ or ‘passes off’ that trader’s goods/services as those of another. The key ingredients of passing off are: • reputation/goodwill accruing to the injured trader; • a misrepresentation made by the wrongdoing trader; and • damage to the goodwill of the injured trader . The CCA, including the Australian Consumer Law (ACL), contains provisions which might apply depending on the nature of the particular branding misappropriation, including prohibitions in trade or commerce against: • misleading or deceptive conduct or conduct likely to mislead or deceive; and • making false or misleading representations about goods/services (including as to sponsorship, approval or affiliation). Finally, copyright may be relevant where a logo is involved: although it is unlikely that copyright will subsist in a simple word or phrase (as a literary work), where the branding in question contains or comprises graphical elements, there may copyright in that as an artistic work. Unregistered rights in branding can be difficult to identify and assert and professional advice on this should be taken accordingly. ARETE Group can assist in registering your brand as a trade mark and can provide advice in relation to any unauthorised use of your brand. Contact us on 6162 1639 or go to www.aretegroup.com.au For further information or if we can assist, visit our website at www.aretegroup.com.au or email Shaun.Creighton@aretegroup.com.au for an obligation free assessment of your legal issues.

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RECRUITMENT

SPORT by Jim Roy

Jobseekers, there’s really no excuse: Research before your interview Not so long ago job seekers who wanted to stand out in an interview were advised to research the company and interviewer. You could use your research to determine which examples of your work you should share when answering questions and any sentence starting with ‘I saw on your website...’ was sure to impress. Today however, not researching the organisation and interviewer sees you stand out for all the wrong reasons. In our information and social media age, where information is so readily available, there’s really no excuse for not doing your homework. Don’t think you can bluff your way through an interview either. Interviewers know when you’ve failed to do your research; it’s there for all to see in answers that are not personalised or in work examples you cite that aren’t 100 per cent relevant to the role, the organisation or its clients. Other tell-tale signs of a failure to research include asking a question you would already know the answer to if you’d looked into the organisation and team, not demonstrating how your skills could add value to the organisation, and not understanding the vacancy’s role in helping the organisation achieve its objectives. So how can you research an organisation and what should you look for? We suggest: • Social media: At the very least you should search for the organisation and your interviewer on LinkedIn. Like the organisation on Facebook and follow them on Twitter so you are up-to-date with their latest news. • Google: Search for the organisation and your interviewer online. Just like your social media research, you are looking for information about the organisation. This could include recent executive-level appointments, expansions or new products or services. • The organisation’s website: An organisation’s website will give you more detailed news and – crucially – insight into its culture. • Glassdoor: Websites such as Glassdoor can provide further information about an organisation that can’t be discovered on their website or social media pages. From your research you’ll gain an insight into the organisation’s culture, products or services and its objectives. You’ll be able to see if you are connected to anyone who has worked at the organisation, in which case you can talk to them for more insights about the company. Use the information you uncovered to prepare appropriate examples of your work, previous performance and way you work that show your interviewer you are the very best fit for the organisation and role.

Jim Roy, Regional Director 5th Floor, 54 Marcus Clarke Street, Canberra T 02 6112 7663 | F 02 6257 6377 E canberra@hays.com.au

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by Paul Smith

Mobile marketing - use sport and make it personal “Mobile is not the future, it is the now. Meet your customers in the environment of their choice, not where it is convenient to you.” Cyndie Shaffstall, Author, Public Speaker, Entrepreneur.

‘Mobile’ now transcends practically everything and the trend will only continue to grow. Businesses must ensure they have an impressive presence in the mobile space. In essence, mobile marketing is omnipresent, cheaper, more measurable and more convenient for consumers than traditional marketing. The trouble is there is a proliferation of different mobile channels, devices, interfaces, as well as extreme competition to capture the consumer’s attention, amidst exploding data volumes that make it difficult for a consumer to get a handle on the right information, to make the right consumer choice. How then can you ‘cut through’ to get your message out there? Well it’s not easy. Mobile commerce is still so fresh and fast moving that even big companies struggle to develop a mobile marketing strategy. Marketo, a marketing automation and software business, polled more than 2,200 consumers across the US, UK, France, Germany and Australia, and found that almost two thirds (63%) of respondents were annoyed at how brands continued to rely on a strategy of blasting generic advertising messages repeatedly. It appears consumers are more attuned to brands talking to them personally. But achieving that will require some significant changes in how businesses operate. Businesses are not structured to have that one-to-one experience with customers. But consumers want a digital experiences that is simple, engaging and personalised, without infringing on their privacy. One approach which fits neatly within this message is to use “mobile” sports marketing to sell goods and services. Sport works well on mobile and the message can be readily personalised to the fans. Sports marketing works because marketers can associate their product with the fan’s team and/or beloved athletes. This can gain the good or service instant credibility in that fan’s mind. A major disadvantage is that the sports marketing industry is so large that it can be hard to stand out in the crowd. A fan who watches a two hour football game will be exposed to dozens of different marketing messages. It may make sense not to risk this by concentrating marketing efforts, where practicable, on a sporting niche overlooked by others. You can then personal the message and get a clear run at supporters, without the usual competition. Better yet if the supporters fit neatly within your target market.

For more information, contact Paul Smith, Secretary and Chief Financial Officer of Yabba.Guru on 0401 400 779 or go to www.yabba.guru

WEBSITES by Sam Gupta

I clicked a page and I bounced it… Alright, don’t let that song get stuck in your head. Let’s talk about bounce rate this month. Bounce rate is one of the biggest thieves of your online dollars and you may not even know the amount of damage it might be doing to your business. I recently came across a website where the owner is spending thousands of dollars in advertisements and the bounce rate is nearly 80%. Imagine 80% of your hard earn money going in the drain! Can you imagine the cost they must be paying out of their pockets for each online lead? What if you were to half that rate? Wouldn’t that be great? I always say, a dollar saved is TEN dollars earned! So, why do some websites have such a high bounce rate? There are many factors that affect a website’s bounce rate. Firstly, most businesses fail to identify and profile the users that are visiting their website. Secondly, most websites fail to take their users by hand and walk them through the website, all the way to the action you want them to take. It is really that simple. One of the best way to reduce the bounce rate is to have a gripping headline and introduction. That should be followed by an intuitive call to action. Choose your call to action carefully. Make it as natural as possible. When I first take over a project, I spend a lot of my time understanding the business, its products, the website visitors and most importantly the customers. It is critical to research and profile the different types of users to your website. After that, create a matrix about the physiological state of each user group. Different users in different states will act differently. Well, talking about states, I am in a great state of mind right now. I recently attended the Unleash the Power Within seminar by Tony Robbins, for the second time. Over the period of four days, he kind of pulls you apart and puts you back together; makes you feel like a new and improved YOU. It’s amazing! He talks about your mental state as a key to success. Anyway, back to the topic. The point is that same user will react differently in a different state of mind. Try to profile each possible state your users could be in when visiting your website. You can’t please everyone, but the idea is to engage as many qualified users as possible. Log in to your Google Analytics and check the bounce rate for last three months. Generally speaking, around 30-40% is average. If it is anything over 60%, your alarm bells should be ringing.

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Call 0423 3 6 6 0 1 4 to Get started today! Sam Gupta is the managing director of Synapse Worldwide. Sam would love to hear your thoughts on this advice column. Tel: 1300 785 230 Email: admin@synapseworldwide.com Web: www.synapseworldwide.com.

Phone: 0423 366 014 Email: play@tenniscanberra.com.au Twitter: @TennisCBR #GetOnCourtCBR www.tenniscanberra.com.au B2B M AGA Z I N E.CO M . AU

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A2B

A S S O C I AT I O N S T O B U S I N E S S

Expanding ACT’s export footprint ROBYN HENDRY

CEO CANBERRA BUSINESS CHAMBER

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CT businesses are performing strongly on the international stage and a number of initiatives planned for the next few months have the potential to make them an even more significant player. According to the Department of Foreign Affairs and Trade’s publication ‘Australian Trade by State and Territory 2013-2014’, which was released earlier this year, exports from the ACT have experienced trend growth of 9.2 per cent over five years. This is more than double the national growth rate of 4 per cent. In 2013-2014, exports from the ACT were worth over $1.2 billion. The ACT’s trade is dominated by services, which accounted for 99.9 per cent of exports. Key contributors included education related travel and government services. Two trade missions scheduled for this month and next are designed to increase the profile of ACT businesses and the goods and services they can provide to major trading partners. From 4-9 October, 26 local companies along with the Chief Minister and representatives from Canberra Business Chamber and Invest Canberra will be visiting San Francisco, Silicon Valley and Austin. The US, and these cities in particular, is a major tech centre and the ACT has a lot to offer in this field. A number of local companies are already exporting their expertise, products and services around the world and there are many others that have potential. At the moment, exports in telecommunication, computer and information services are worth about $9 million, but are growing. The five year trend growth for this sector is around 4 per cent. Delegates will be using the trade mission to the United States to market the ACT’s tech savvy businesses and open more doors for them. This will be followed with a trade mission to Singapore in November. Singapore is among Australia’s closest strategic, political and economic partners, and our most comprehensive business relationship in Southeast Asia. Singapore is Australia’s fifth-largest trading partner, ($21 billion in 2014) and largest in ASEAN. Opportunities exist for the ACT because services, its main exports, are important to bilateral trade, including technical, business and professional services and transport. Singapore is also one of Australia’s major sources of short-term visitors and international B2B M AGA Z I N E.CO M . AU

students. It is primed for further growth with the pursuit of direct international flights, which will also be a catalyst to opening other Asian markets for the Canberra region. The mission will facilitate productive introductions to key stakeholders through business matching meetings, networking events, market briefings and high level business introductions. The Singapore Trade Mission will assist businesses with market development activities and insights and encourage long term partnerships with Singapore companies and investors. Local businesses already doing well internationally will be honoured on 22 October 2015 at the annual Chief Minister’s Export Awards. Finalists for the awards have been announced and can be seen at http:// actexportawards.com.au/2015/09/2015-finalistsannounced/. Categories include sectors such as health, ICT and business services as well as emerging exporter, capital district exports and exporting government solutions. Congratulations and good luck to all the finalists. Winners will represent the ACT at the national awards in Melbourne on 27 November. Another positive move for ACT exporters would be ratification of the China-Australia Free Trade Agreement (ChAFTA). This trade agreement has the potential to boost business in the ACT and a number of members believe it will open up opportunities for them. China is already Australia’s largest trading partner. Worth $100 billion dollar per year, Australian exports to China are more than the combined value of Australia’s exports to the United States, the United Kingdom, Canada, France, Germany, South Korea and all of South East Asia. A China-Australia Free Trade Agreement could benefit the ACT’s knowledge-based, education, research, film and other service industries, as well as agribusinesses such as local wineries and gourmet food. It is possible the Free Trade Agreement will even assist in underpinning demand for direct flights between Asia and Canberra because of increased movement of freight and people travelling for business.

Contact the Canberra Business Chamber Team: Phone: Email: Web:

02 6247 4199 info@canberrabusiness.com www.canberrabusiness.com

cso.org.au CSO concerts offer a unique and prestigious experience providing unparalleled opportunities to develop valuable relationships with staff, and current and potential clients. Each CSO partnership is a bespoke package, tailored specifically to meet the needs identified by each partner. We don’t have set ‘plans’; we have an amazing product, innovative ways of associating with it, and a genuine desire to ensure that alignment with the CSO becomes a key element in your business development strategy. To align your organisation with Canberra’s premiere arts organisation, write to partnerships@cso.org.au or visit cso.org.au.

LLEWELLYN SERIES

SATURDAY SERIES

/01 SIBELIUS 1 & 2 APRIL SCHUBERT The Magic Harp Overture ˇ DVORÁK Cello Concerto SIBELIUS Symphony No. 5

/01 SHELL PROM, GOVERNMENT HOUSE 14 FEBRUARY A Touch of Tartan

Nicholas Milton Conductor* Edward King Cello /02 TCHAIKOVSKY 6 & 7 MAY MATTHEW HINDSON Boom Box TCHAIKOVSKY Piano Concerto No. 1 RIMSKY-KORSAKOV Scheherazade Nicholas Milton Hoang Pham Piano

Conductor*

/03 BRAHMS 19 & 20 AUGUST KODÁLY Dances of Galánta SIBELIUS Violin Concerto BRAHMS Symphony No. 4 Nicholas Milton Conductor* Andrew Haveron Violin /04 RACHMANINOV 4 & 5 NOVEMBER MÁRQUEZ Danzón No. 2 RICHARD MILLS Soundscapes: for percussion and orchestra RACHMANINOV Symphonic Dances Nicholas Milton Conductor* Claire Edwardes Percussion

Featuring favourites such as Scottish Fantasy, Danny Boy, Hebrides Overture and more. Guy Noble Conductor Anna Da Silva Chen Violin /02 ACTEW GRAND GALA 4 JULY Puccini Featuring favourites from Puccini, Wagner, Verdi & more. Nicholas Milton Conductor* Eva Kong Soprano James Egglestone Tenor /03 CANBERRA WEEKLY MATINEE MAGIC 26 SEPTEMBER In the Mood music from the ‘big band’ swing era Featuring favourites such as Little Brown Jug, In the Mood, Chattanooga Choo Choo and more. Timothy Sexton Conductor Rachael Beck Soprano *Artistic patronage of Nicholas Milton courtesy of ActewAGL

G2B

CHIEF MINISTER’S MESSAGE

ANDREW BARR

CHIEF MINISTER TREASURER MINISTER FOR URBAN RENEWAL MINISTER FOR TOURISM AND EVENTS

Photo by Kasra Yousefi

ACT becomes Australia’s innovation and entrepreneurship hot spot

he ACT has been confirmed as the most innovative and entrepreneurial state in Australia according to a new report by the Office of the Chief Economist of the Commonwealth. The report, the Australian Geography of Innovative Entrepreneurship, found that the ACT is the highest performing of all Australia’s States and Territories for both innovation and entrepreneurship on a population adjusted basis. Our nationleading levels of entrepreneurship and ability to innovate in the ACT are attributed to our high levels of investment in research and development intensive companies. The ACT Government has been working hard to turn Canberra into the ‘knowledge capital’ of Australia. The decision to diversify our economy and invest in innovative and start-up industries is creating results, which will help create jobs and build a stronger economy in the future. The ACT Government has put innovation at the heart of its business development strategy. This report shows that the ACT has made enormous strides in this field and now leads the nation in the key measures of innovation and entrepreneurship: • At $7.15 million per 10,000 inhabitants, our Business Expenditure on Research and Development is more than double the next closest Australian city. • With 12.3 patent applications per 10,000 inhabitants, we are more than double the next closest Australian city.

• With 43.1 trademark applications per 10,000 inhabitants we are 66% ahead of the next closest Australian city. • With 245.2 business entries per 10,000 inhabitants, we are 64% ahead of the next closest Australian city. I am buoyed by these results, but recognise that innovation by its very nature is continuous. As a government, we have continued to innovate in the way we support and intersect with the business and research community, and the early success of the CBR Innovation Network is another example of this. We have just closed the first round of the CBR Innovation Development Fund, and later this year the Government will announce details of the Small Business Innovation Program, which seeks to leverage business innovation through government procurement. These new programs and approaches are articulated in our latest strategy, Confident and Business Ready: Building on our Strengths, which I issued in May this year. The talent and drive of our local entrepreneurs combined with the backing of ACT Government strategies will continue to see Canberra recognized as Australia’s leading innovation city.

For more information on Confident and Business Ready: Building on Our Strengths visit www.business.act.gov.au/strategy

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$ 250 will put your logo or company name on a selected artist page in the catalogue, plus you are listed as a business sponsor for CAPO arts in the catalogue as well. $ 1000 will get all the above plus a complimentary ticket to a superb evening of art, entertainment, gourmet food and drinks at the annual auction night in November, valued at $110, hosted by the CAPO patron Mr Paul McDermott. For donation details, go to www.capo.org.au

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IF I HAD ASKED PEOPLE WHAT THEY WANTED, THEY WOULD HAVE SAID FASTER HORSES. – Henry Ford

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