B2B magazine Issue 103 APRIL

B2BMAGAZINE.COM.AU

APRIL 2015

103

Global Connections RSM Bird Cameron: Local advisor brings worldwide expertise to the Canberra market

$4.95 inc. GST ISSN 1833-8232

9 771833 823005

01

CONNECTING WITH TOP TALENT?

INTESTACY CAUSES HEARTACHE

MORE THAN BLACK LETTER LAW

HorizonOne Recruitment

DDCS Lawyers

Profiling Craig Painter

You can,t connect the dots looking forward; you can only connect them looking backwards.

So you have to trust that

the dots will somehow connect in your future. ― Steve Jobs let evendots help you connect the dots: email: info@evendots.com.au

graphic design print branding web design strategy www.evendots.com.au

CONTENTS

PUBLISHER'S NOTE

WHY SOCIAL MEDIA DOESN'T WORK ...

TIM BENSON Publisher

I am sick to death of people asking me, as an owner and publisher of magazines, 'whether I'm doing it tough?' or 'Is it hard to find people to advertise?'. I assume people ask this question because of the rise of internet based marketing and social media.

I generally reply that our business is very strong and that in addition to being: • distributed to 10,000 businesses by Australia Post • available in 130 cafes around government buildings • distributed to all levels of Qantas Clubs throughout Australia and into Qantas lounges in Honk Kong, Singapore and Los Angeles

Some statistics on magazines: • 7 in 10 Australians read magazines (6.4m men and 7.4m women) • The Media Consumption Study 2012 saw magazines as the strongest driver to advertisers websites • magazines can engage readers in physical and digital mediums using technology such as augmented reality and QR codes • 1 in 4 magazine consumers purchased a product as a result of magazine advertising in the last 6 months What really annoys me more than the questions in the first paragraph are people that only understand social media that have the audacity to call themselves 'marketing' experts and only recommend to their clients that they 'market' themselves online.

So getting back to the headline of this publishers note. My message is 'Social media doesn't work if it is the only form of marketing you are undertaking. A marketing plan should include, where appropriate, print, radio, TV, online, word of mouth, public relations and referrals'.

Please enjoy this issue of B2B magazine in print, on our website or through Facebook, Twitter and Linkedin ... or on any of your electronic devices.

Send all comments to: editorial@b2bmagazine.com.au

Photo: Andrew Sikorski

We also have: • full content based website at www.b2bmagazine.com.au • content can be shared over 300 different social media platforms • B2B magazine Facebook • B2B magazine Twitter • B2B magazine Linkedin • B2B magazine is also available on issue.com

14 COVER STORY RSM BIRD CAMERON GLOBAL CONNECTIONS

CONTENTS

FEATURE

21 CORPORATE GOVERNANCE Mergers on the rise

by Australian Institute of Company Directors

05 Intestacy rules can cause heartache Dobinson Davey Clifford Simpson Lawyers

06

08 'Safe, smooth and quiet, time and time again' OPC IT

22 DISTRIBUTION LOGISTICS Speedy delivery the key to customer loyalty and repeat internet sales

by National Mailing & Marketing

10 Missing Persons – Job boards fail to connect with top Talent!

HorizonOne recruitment

22 FAMILY LAW Am I in a de facto relationship?

by Dobinson Davey Clifford Simpson Lawyers

UPFRONT

23 FINANCIAL PLANNING Are EFT's a better option?

by Dragonfly Financial Services

06 Advani Tailors Off--the-rack suits are made for dummies

24 INTELLECTUAL PROPERTY Trade mark examiner adverse reports – not necessarily fatal to your application

by Arete Group

06 Access Canberra Access Canberra has business talking COVER STORY

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14 RSM Bird Cameron Chartered Accountants Local advisor brings worldwide expertise to the Canberra market

25 WEBSITES Maximising conversions online

by Synapse Worldwide

PROFESSIONAL PROFILE 12 Snedden Hall & Gallop Craig Painter

A2B: ASSOCIATIONS TO BUSINESS

18 ADVICE FROM THE EXPERTS

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19 ACCOUNTING How to get the most out of your auditor

by RSM Bird Cameron Chartered Accountants 19 WEALTH CREATION SMSF: DIY or Supported?

by Dixon Advisory

LEGAL NOTICE

BUSINESS NETWORKING

32 B2B @ Canberra Business Chamber at Kennards Hire event in Fyshwick 32 B2B@ Canberra Business Chamber at National Zoo and Aquarium 34 B2B@ Canberra Business Chamber at NRMA event at Hotel Kurrajong

20 BUSINESS LAW Employee share schemes

by Bradley Allen Love Lawyers

ISSN 1833-8232

28 CHIEF MINISTER'S MESSAGE Canberra can learn from Wellington experience

30 B2B @ Hays EA Networking Event Hyatt Hotel Canberra

20 BUSINESS ADVISORY The company registered office – more than an anachronism

by Vincents Chartered Accountants

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24 RECRUITMENT The gender diversity divide: " I don't see what the problem is" say the men

by Hays Recruiting

34 B2B @ Tranny Trivia National Press Club

21 BANKING The importance of a credit rating

by ANZ Mobile Lending

EDITOR / PUBLISHER

PUBLISHED BY

Tim Benson editorial@b2bmagazine.com.au 0402 900 402 02 6161 2751

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

ADVERTISING

advertising@b2bmagazine.com.au 0402 900 402 02 6161 2751

EDITORIAL ASSISTANT

DESIGN

PHOTOGRAPHY

Amber Gale amber.gale@manbitesdog.com.au 0400 402 960

Manuel Galaktidis evendots.com.au

Andrew Sikorski art-atelier.com.au

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.

F E AT U R E

Intestacy rules can cause heartache

By Rebecca Tetlow

Dying without a Will can lead to unexpected results, especially for the family of a person who has recently gone through family law proceedings.

Media reports recently shared the story of a young man who died unexpectedly at the age of 30. He had previously had a short marriage in which he and his wife had purchased a block of land and had begun building a home, but at the time of his death, the couple had been separated for over two years.

Following separation, the couple divided their assets following a property settlement approved by the Family Court, and both the husband and the wife entered new relationships and began to move on with their lives. The wife initiated divorce proceedings and sent divorce papers to her estranged husband for his signature a number of months before his death. The young man died without signing the divorce papers and therefore the couple were still legally married at the time of his death.

Like many young people, the husband thought he did not need a Will and therefore he died intestate. The rules of intestacy set out how a person’s estate is divided between their family members if they die without a Will. In these circumstances, the estranged wife was entitled to the whole of the estate including the husband’s block of land (which

he had received under their family law property settlement after paying out her share), superannuation, life insurance, cars and personal items.

The young man had been in a new relationship for 15 months. For the purposes of succession law, a de facto partner only becomes entitled to share in an intestate estate if the relationship has existed for 2 or more years or the couple has had a child together. Due to the short duration of the relationship, the new partner was not entitled to receive anything from the estate.

Furthermore, in some Australian states and territories, a de facto partner is not entitled to make a family provision claim against an estate unless the relationship has existed for at least 2 years.

The young man’s father and new partner have spoken to the media about their disappointment with the legal outcome and have described it as unfair that the estranged wife, even after receiving a property settlement, now gets a second bite of the cherry in receiving the estate.

Undoubtedly, the rules of intestacy can have harsh consequences and can result in outcomes that may not be what the deceased would have wanted. The rules of intestacy are a default scheme, a legal fall-back for people who have not made a Will. The law does not

allow Courts flexibility or discretion to alter the effect of intestacy, because people can easily opt out of this scenario by making a will during their lifetime.

In this story, the impact of intestacy has increased the heart ache of a family already grieving the untimely loss of a son and a partner. It is also a cautionary tale for people who have recently separated, not just to seek family law advice, but to also take the extra step of putting a new Will in place.

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Rebecca Tetlow is an Accredited Specialist in Wills and Estates Law (NSW) and a Senior Associate at Dobinson Davey Clifford Simpson phone (02) 6212 7600 mail@ddcslawyers.com.au, www.ddcslawyers.com.au

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UPFRONT

Off-the-rack suits are made for dummies

K

umar Advani, the visionary tailor behind Advani Custom Tailors, says off-the-rack suits might look good on mannequins, but when it comes to feeling professional and powerful in the business arena nothing beats a hand-measured, custom-made suit.

Based in Canberra since 1983, Kumar has been making impeccably crafted suits and shirts for the Canberra community for over 30 years.

Learning from his father, the family operated several menswear shops in Hong Kong in the 1960s. Kumar now travels to all major capital cities in Australia and New Zealand and visits Hong Kong twice a year to create a new collection of designer fabrics from the European suppliers for the Australian seasons.

“A suit is a timeless, long-term investment,” Kumar said.

Kumar offers over 2,000 fabrics from around the world, including merino wool in Super 150” upwards, cashmere tweeds, Italian silk/ wool, linen and many more. He stocks carefully selected merino wools from brands such as Dormeuil, Holland & Sherry, Zegna, Marzoni and Loro Piana.

“As another Canberra winter looms, it’s time to start thinking about clothes,” Kumar stated.

And for Kumar, getting the perfect material, style and cut is an art, taking a staggering 35 measurments plus 3D photographs of the individual posture.

For Kumar, having classic, custom crafted clothing is all about the fit, comfort and confidence.

“After you go from shop to shop getting alterations, you may as well get your suit custom made,” Kumar says.

“With my suits, you can walk into a meeting with confidence.”

Why not spoil yourself this winter and invest in a hand-measured, custom-made suit or shirt. Prices start at $850 for suits and $150 for shirts.

Direct: +61(0) 419 275 533 Email: kumar@advanitailors.com.au Contact: Our National Showroom Phone: +612 6258 9974 21 Bainton Cres Melba ACT 2615 www.advanitailors.com.au

UPFRONT

Access Canberra has business talking

A

ccess Canberra, a new one stop shop streamlining access to permits, licenses and approvals, will play a pivotal role in accelerating economic growth in the Territory and encouraging business innovation.

An online discussion initiated by Chris Bourke, Member for Ginninderra, found that while business owners are generally in favour of the proposal, there are concerns that front line staff will not be adequately trained to handle the areas that they are servicing.

“What is not uncommon in government run business advisory services is that advice is given to business owners by employees who 6

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have not experienced what it’s like to be in business,” one individual said.

“Given my small business experience I wholeheartedly agree that Access Canberra staff should come from a variety of backgrounds and experience,” Mr Bourke said.

Mr Bourke anticipates that Access Canberra’s senior management and staff will have a variety of work-based experiences that extend much wider than the ACT Government.

“Some executives have private sector experience, others have worked internationally, and others have worked both in the Commonwealth and ACT Governments,” he said.

Chief Minister Andrew Barr has announced that the functions of Canberra Connect, the Office of Regulatory Services, WorkSafe ACT, Construction Services, EPA, food regulation and outdoor dining will be combined in a bid to improve service and bring together shop front and regulatory functions.

Minister Barr says Access Canberra will better allow government to quickly identify inefficient regulations and ensure that there is ‘no wrong door’ for businesses, community organisations and individuals engaging with the government.

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B2B

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 Featuring favourites such as Scottish Fantasy, Danny Boy, Hebrides Overture and more.

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 Conductor* Hoang Pham Piano /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

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

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22/01/2015 4:56 pm

F E AT U R E

Above L-R: Wayne and Belinda Read – WR Engineering, Clinton Henderson – OPC

‘Safe, smooth and quiet, time and time again’ OPC IT & WR Engineering

W

R Engineering has been building garage doors and providing innovative home improvement solutions to Canberra homes and businesses since 1967.

WR is a long-standing, trusted local business with uncompromising quality, continuous improvement and technology at the heart of its operations.

For WR, being Canberra’s B&D Accredited Dealer makes them the ‘go to’ team for leading builders and professionals. B&D garage doors and openers, are strong, reliable, operate quietly and provide protection and security for your home. For doors that once required manual operation you can now control and monitor your garage door operations using your smartphone from anywhere you have access to a cellular or Wi-Fi network around the world. Touchscreen base stations and transceivers connect wirelessly to your home’s Wi-Fi router and feature real time alerts, built in activity logs and you can set Pet, Parcel, Pedestrian and Ventilation modes!

But this technology still requires ‘love’ as Wayne Read, WR’s owner and namesake,

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puts it! A garage door is probably the largest moving object in your home and the most used. To ensure optimal performance, regular servicing and monitoring is required to keep everything operating as it should and to avoid potential problems. It’s the same for WR’s IT infrastructure.

‘WR’s and OPC IT’s like-minded commitment to excellence sets us apart from our competitors and underpins our 13 year relationship’ says Wayne. ‘We have both built our businesses on well-established, quality brands and by staying at the forefront of ingenuity and latest technologies.’

OPC has been providing Managed IT Support for WR over many years. With regular scheduled visits and sophisticated remote monitoring toolsets, OPC provides WR with the peace of mind that, like their garage doors, their IT will ‘operate safely, smoothly and quietly time and time again.’

OPC also believes in only providing the best of breed solutions for our clients and just as WR have invested heavily in B&D because of its unsurpassed backing and reliability, so too has OPC invested in Dell Solutions.

For complete end to end IT solutions OPC recommends Dell for its technology

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leadership, scalability, local support and warranty resolution timeframes that are always competitively priced.

OPC is a Dell Premier Partner and SonicWall Service Partner. We work with Dell to provide support across the ACT and surrounding regions and are able to leverage preferential pricing for our clients on an ongoing basis as part of our relationship management.

‘Both our organisations have been locally owned and operated and supporting Canberra clients for a very long time,’ says Clinton Henderson, Technical Services Director of OPC. ‘We are both very proud of our ‘local roots’ and are committed to providing the highest levels of service. We look forward to working together for many years to come.’

For more information on how OPC can revolutionise your business, contact the team on 1300 788 616 www.opc.com.au

8-10 Hobart Place, Canberra

What colour will your office be today?

In the years to come Neon House will be one of Canberra’s most recognizable icons and currently presents an amazing opportunity for businesses and investors alike. Located in Canberra’s premier business and legal district, Neon House is minutes walk from all necessary amenities, including the ANU, Law Courts, and the GPO as well as being surrounded by cafés, restaurants and retail. All of this with an eye catching and unmissable identity. Your business or investment will have an iconic, light filled premises, already with a strong tenancy profile including leading Australian and multi-national firms & government bodies. Investors can expect almost 8% net returns compared with a standard 3% for residential investment. This amazing opportunity will not be repeated and is being offered well below market value. Contact our agents for further details or visit neonhouse.com.au

Strata suites of all sizes selling now.

A range of suite sizes available including 80, 120, 150, 250, 500, and 800 sqm.

• Further your business or investment potential.

• Save thousands by buying not renting.

• Make almost 8% net return as an investor!

• Complete refurbishment inside and out.

• Over $3.6million already spent in capital works.

F E AT U R E

Missing Persons - Job boards fail to connect with top Talent!

By Simon Cox

T

hrough the slow demise of newspaper job advertising, job boards such as SEEK have been the main tool for connecting employers and jobseekers. Despite a rapidly evolving market and a host of new technology and tools, many employers continue to stick to the ‘wanted poster’ approach to attracting talent. They write a job spec, hoist up an internet advertisement and then wait for the superstars to roll on in.

As areas of niche skills shortages multiply, and as the market for talent becomes increasingly specialised and competitive, now is the time to rethink this strategy.

The efficacy of generalist job boards as a means for connecting with high-calibre candidates is fading… rapidly.

Here are some of the reasons why: • Time – with generalist job boards typically generating around 98% unsuitable candidates, how better could you be spending your time?

• They are not proactive – The best people are not lying in wait, relying on job boards to serve up the ideal job – frankly, they don’t have the time.

• They don’t target passive job seekers – 78% of job seekers in Australia are passive (i.e. Not active in the market but open for the right opportunity).

• The rise of multiple channels – with the advent of LinkedIn and the surge in many new pathways connecting people online, the idea of ‘one source’ is a fallacy.

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“Employers need to move from screening candidates, to discovering or creating candidates!”

‘Informers’ identify the best talent On average, 50 per cent of the jobs HorizonOne fill are through personal referrals or recommendations from trusted sources, or through repeat candidates. Personal referrals are HorizonOne’s lifeblood, and the key to being ahead of the game.

Being proactive is the only way. Don’t wait for your talent pool to be ‘reported missing’.

By partnering with a strategic recruitment business like HorizonOne, you’ll be in prime a position to unearth the most sought-after talent in your sector, now and in the future.

Think of us as ‘talent hunters’. Every day we are chasing down leads, referrals and using proactive approaches to hunt down the best talent in the market. We also specialise in building a pipeline of high-quality candidates that are drawn to us. We have developed a wide variety of channels to create an ongoing passive candidate flow that works much like a magnet.

“If you start from scratch every time you have a vacancy to fill, you’re not going to attract the best talent. You’ll be fishing in the same pool as everyone else.”

Social media provides new evidence The uptake of social media to source and attract talent is growing every day. Digital

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platforms like LinkedIn, Twitter and Facebook allow ‘Talent Hunters’ to effectively hand-pick candidates they want to target, which is a massive advantage over traditional job boards.

We are able to tap directly into large, wellconnected audiences and forge relationships with exceptional candidates nurturing these in real-time. Whilst this can be very time consuming, the way your organisation is positioned in the digital space can make or break your chances with top talent.

The telephone – old technology, best results With job boards on a downward spiral, it’s surprising to note the humble telephone has made a comeback as a critical tool to source talent and secure referrals. If nothing else, picking up the phone to contact a quality, passive candidate – at a convenient time – is far more effective than email. By choosing to proactively call through our trusted networks, HorizonOne is able to offer clients unique talent that can’t be accessed through a job listing.

Sourcing talent is a science, not a sales game

Contact the team at HorizonOne Recruitment on (02) 6108 4878 or horizonone.com.au Level 1, 27 Torrens Street, Braddon

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PROFILE

Craig Painter

Senior Associate Snedden Hall & Gallop words by Tim Benson photo by Andrew Sikorski

More than ‘black letter’ law: solving problems in the real world

C

raig Painter, senior associate at Snedden Hall & Gallop, is not your average lawyer.

He followed an unusually long path to becoming a lawyer, which saw him in two previous careers, gaining real-world experience.

Born and raised in Bowral, Craig left school in year 10 and completed an apprenticeship as a fitter and machinist.

“My father said ‘you’d better get a trade’ so I did,” Craig said.

After completing his apprenticeship Craig wanted to study engineering. His employer wouldn’t pay for this, so he resigned, did his Higher School Certificate in a year and then studied teaching at the Australian Catholic University, graduating in 1990.

He taught at a number of schools across New South Wales and started out teaching industrial arts before moving on to teach computing and design.

“I really enjoyed working with young people and nurturing their talents and aspirations,” Craig explained.

After 7 years of teaching Craig started looking at something new to study and a change of career – he chose law.

He studied law part-time through the Sydney University run, NSW Legal Practitioners Admissions Board.

“Law was a good fit with my background in education. I still wanted to be people focused and in a career where I could engage with reallife issues,” Craig said.

Craig worked for the Commonwealth in the Department of Transport and Regional Services, then for the ACT Government in WorkCover and, later, the ACT Government Solicitor.

He then moved into the private sector working for Abbott Tout doing defendant litigation work. Then Porters Lawyers acting for people suffering personal injury as a result of accidents.

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“This work was incredibly satisfying for me as I was working directly with clients. I didn’t want to work in a big firm or Government department. I enjoyed the intimate relationships I had with clients and my interactions with staff,” Craig reflected.

Craig then moved to local firm Elringtons where he stayed for six years, and became a partner in 2 ½ years.

Today, Craig works at Snedden Hall & Gallop Lawyers where he is a dispute resolution expert.

“The environment at Snedden Hall & Gallop is excellent. We are a great team and it is a pleasure to come to work each day,” Craig said.

“My passion is dispute resolution. This means finding practical solutions to legal problems. I use the law as a guide as to how the problems should be resolved but I refuse to be a slave to, and become paralysed by, ‘black letter law’,” Craig said passionately.

The areas Craig predominantly works in include: contract disputes such as supply of goods and services; insolvency; debt recovery both personal and corporate; compensation for breaches in contract; professional negligence; disputes regarding employment; and working with employers on employment contracts and workplace policies.

“One of the great fears of small and medium sized businesses is that larger businesses could tie them up in expensive and time-consuming legal processes that would cripple their businesses and severely damage their health and family relations.”

“People may not be aware that more than 90 per cent of legal disputes are resolved without going to court. The fear of going to court is the cost, and for the vast majority of legal problems disputes can be resolved without going to court,” Craig explained.

Craig’s focus is on the end result.

“Usually when a client comes to me they have been trying to deal with an issue for some time and are quite stressed. I can focus them

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on acheiving an end result that they can be comfortable with,” Craig said.

Craig is a leader in advising in relation to the ACT’s ‘Mr Fluffy’ crisis. Craig represents more than 50 homeowners in relation to the government’s buy-back program.

“One of the biggest issues is that the Government has put out documents, guidelines and policies in relation to the ‘Mr Fluffy’ houses, but the practical application of them can be quite complicated,” Craig outlined.

According to Craig, one example of this is the payment to people through the knockdown, rebuild or private demolition assistance program.

“This program can be inconsistent at times and exclude people who should be entitled to benefit from the policy,” Craig stated, “For example, home owners who have started the knockdown process, but not completed, are excluded from the current assistance package.”

In any dispute, as evidenced by the Mr Fluffy saga, the ‘black letter law’ may not provide the best outcome for all parties.

“One of my strengths is being able to work with people to help them resolve their problems and reach practical solutions they can live with,” Craig explained.

Craig says he prefers the legal fraternity in Canberra to that of Sydney because it is more collegiate.

“I like to work with all parties to find a solution to problems. Lawyers need to be able to work together in the best interests of the clients. I want to be known as a problem solver,” Craig said confidently.

Contact Craig Painter Senior Associate, Snedden Hall & Gallop M: 0411 305 627 E: cpainter@sneddenhall.com.au A: 43-49 Geils Court, Deakin ACT 260 www.sneddenhall.com.au

Expert Connections To us, an audit is more than a report card. It’s intelligence to help you run your business better; a vehicle for both verification and continuous improvement.

In today’s fast-changing business landscape, you need clear-sighted advisors who understand the pressures your organisation faces as well as the opportunities that are on the horizon.

Get in touch | rsmi.com.au/canberra-audit

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

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COVER STORY

G

ed Stenhouse, Partner, Assurance and Advisory at RSM Bird Cameron in Canberra, has achieved a lot since joining the firm nearly a decade ago.

Since Ged joined RSM Bird Cameron in 2006, the Assurance and Advisory division has grown from 10 to a team of 25. Ged was the National Training Partner for the firm, and has now been appointed as the National Head of Assurance and Advisory for RSM Bird Cameron.

RSM Bird Cameron is the 7th largest network of independent accounting and consulting firms in the world, delivering expert corporate financial and advisory accounting services to clients across diverse industry sectors.

“In Australia, we are the largest mid-tier accounting firm that has national ownership and profit sharing. This unique one-firm

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structure enables our clients to more readily connect to our extensive networks and expertise,” says Ged. As National Head of the Assurance and Advisory division at RSM Bird Cameron, Ged is part of a broader national and international team.

The new role includes responsibility for coordinating the technical training needs of graduates right through to partners.

“It’s a very engaging role. I work with RSM partners in Australia and overseas to discuss the issues we all face in our profession and to share resources,” Ged says.

As part of his new position and within the larger international framework, Ged is now a member of a number of national and international RSM committees.

As a member of the National Technical Education and Quality Assurance Committee (NTEQA), Ged liaises with the National

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Training Manager to ensure key findings of the quality assurance program are communicated to partners and principles within the firm.

Ged is also on the Transnational Assurance Services Executive Committee (TASEC).

“This is an executive committee of the board of RSM International. We oversee key areas such as quality, methodology, consistency and international inspections,” explains Ged. “Being a part of TASEC means we’re able to seek the assistance, support and resources of other countries.

“There’s only six of us on this committee – the US, UK and Australia always have a seat, and others are elected onto the committee from other member firms,” Ged mentions.

COVER STORY

Global Connections Local advisor brings worldwide expertise to the Canberra market words by Amber Gale | photo by Andrew Sikorski

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COVER STORY

Introducing RSM Bird Cameron In Canberra, RSM Bird Cameron is a closely connected firm, not only to their interstate offices, but also to their clients, community and fellow businesses.

While it has the support and expertise of its international affiliates and other national offices, it is staffed by Canberra residents with expertise in and knowledge of the unique Canberra market.

The office was established over 30 years ago as a one man operation. Now, the firm employs 100 staff in Canberra and has a national partnership of 28 offices, with a large regional presence.

A well-established, reputable firm operating out of the nation’s capital, RSM Bird Cameron has a unique understanding of the environment in which it operates.

The Assurance and Advisory team in Canberra Building on his track record as an experienced auditor, Ged brings extensive expertise to the Canberra business community. He runs the division together with business partner, Rodney Miller.

The division looks after clients from a very small size, right through to medium and large enterprises.

Usually under contract for the AuditorGeneral, the team provides Financial Statement Audits for large public sector entities, as well as being appointed by shareholders or members in the private sector.

“We also carry out Internal Audit services, mainly for government departments, and advisory services such as Management Consulting,” Ged explains.

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And while some view the current state of change within various government departments as a challenge, Ged approaches it from a different angle.

“The way I see it, change equals risk which equals opportunity. Where are these departments going to find savings and how are they going to do things better?”

The point of difference at RSM Bird Cameron Considering the recent public service overhaul and the volatile state of the Canberra job market presently, B2B magazine enquired about RSM’s recruitment opportunities.

“We have flexible hours and we’re proud of our workplace diversity – at the moment, we have a relatively even split of men and women working in the Canberra office.

“The firm is committed to providing a work environment that is respectful of individual needs, four of our managers are off on maternity leave, and we endeavour to provide an environment that helps employees balance the changing demands of work and personal life,” Ged says.

“We believe strongly in providing opportunities for graduates and focus on maintaining and improving quality, as that is the cornerstone of our reputation. We like to recruit people with direct experience in what we’re doing.”

From July through to September, RSM Bird Cameron engages in the secondment of overseas staff from the RSM International network to assist throughout the busy period.

“Working for a national firm and an international network also provides staff at RSM Bird Cameron opportunity to reach across Australia and beyond,” says Ged.

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Additionally, each year the firm holds an international conference, offering member countries the opportunity to further develop relationships – especially around referrals.

Not only does the firm work with large clients in Federal Government and the notfor-profit sector, but prominent clubs and organisations within the community as well.

“We work with peak bodies and other key government departments, particularly in the consulting or advisory field,” Ged says.

Challenges facing the audit profession Internationally, challenges arise when varying accounting standards and regulatory practices apply to different countries and member firms.

“For instance, when work is required for global companies around the world, there are variances between the United States’ Generally Accepted Accounting Principles (GAAP) and the International Financial Reporting Standards (IFRS),” Ged explains.

An issue also impacting many businesses, Ged discusses the follow-on effects of digital disruption.

“Someone will come up with a way to partly or completely automate the audit, therefore part of our service wouldn’t be as required.”

“Successful implementation of technology and software is always important. We want to be efficient and effective in the way we’re doing our work and working with clients.”

In addition to this, the recent Public Governance, Performance and Accountability Act (2013) means compliance and reporting requirements have changed considerably for the Federal Government.

Part of the role of the Advisory division is to ensure that the Federal Government is complying, both in the initial transition period and beyond.

Ged explains, “There’s more accountability, especially for the individual.

The good thing is that we have the facilities and connections here in Canberra to assist with such a change.”

“As is to be expected when you work in a regulatory environment, there are pressures for us too.

“We used to be self-regulated, but it’s all about public protection now,” Ged remarks.

There is one other thing that Ged would like to see changed – the rules around getting a security clearance.

“It would be great if the government could see a way of separating the citizenship process from the baseline security clearance process,” he explains.

“To work for the Federal Government, you need to have at least a baseline security clearance in most cases and to get security clearance you need to be an Australian citizen. That often rules out anybody who is not an Australian citizen to work on government projects or clients which limits the talent pool for companies like RSM Bird Cameron considerably.”

As a passionate cyclist, Ged recently decided to set the bar even higher. He will ride the 1200 kilometres from Adelaide to Melbourne in this year’s Tour de Cure to aid cancer research. To participate, Ged had to commit to a minimum fundraising target of $12,000 which he is pleased to have reached already.

He hopes to raise even more for the cause in the run up to the event.

‘I have lost too many friends to cancer and I was personally very lucky that doctors caught my melanoma in time. Others I have known were not so lucky. The funds raised will aid vital cancer research, support and prevention projects,” he says.

A new era for the Canberra team Frank Lo Pilato, Partner in the Turnaround and Insolvency division took over as managing partner of the Canberra office mid last year.

“This has meant a fresh look at how we do things. Our lease is up at the end of the year, and we are planning to relocate. We’ve been in the City area for over 30 years so it will be a nice change. The firm is growing so we are planning for the next 10 – 20 years,” explains Ged proudly.

“RSM Bird Cameron’s quality and reputation is everything. Canberra is a closeknit community and we look forward to being a part of it for a long time to come.”

Bird Cameron

Chartered Accountants

Get in touch RSM Bird Cameron Ged Stenhouse Phone: 02 6217 0369 Email: ged.stenhouse@rsmi.com.au rsmi.com.au

With RSM Bird Cameron you really are…

Connected for Success.

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ADVICE 19 19 20 20 21 21 22 22 23 24 24 25 18

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ACCOUNTING

How to get the most out of your auditor

by Ged Stenhouse, RSM Bird Cameron Chartered Accountants

WEALTH CREATION

SMSF: DIY or Supported?

by Robert Turner, Dixon Advisory

BUSINESS ADVISORY

The company registered office – more than an anachronism

by Tony Lane, Vincents Chartered Accountants

BUSINESS LAW

Employee share schemes

by Mark Love, Bradley Allen Love Lawyers

BANKING

The importance of a credit rating

by Tania Vidovic, ANZ Mobile Lending

CORPORATE GOVERNANCE

Mergers on the rise

by Phil Butler, Australian Institute of Company Directors

DISTRIBUTION LOGISTICS

Speedy delivery the key to customer loyalty and repeat internet sales

by Matthew Jones-Angel, National Mailing & Marketing

FAMILY LAW

Am I in a de facto relationship?

by Juliet Behrens, Dobinson Davey Clifford Simpson Lawyers

FINANCIAL PLANNING

Are EFT's a better option

by Luke Smith, Dragonfly Financial Services

INTELLECTUAL PROPERTY

Trade mark examiner adverse reports – not necessarily fatal to your application

by Shaun Creighton, Arete Group

RECRUITMENT

The gender diversity divide: "I don't see what the problem is" say the men

by Jim Roy, Hays Recruiting

WEBSITES

Maximising conversions online

by Sam Gupta, Synapse Worldwide

ACCOUNTING

WEALTH CREATION

How to get the most out of your auditor

by Ged Stenhouse

What are the key factors for choosing an auditor for your business?

Reliable information is the basic prerequisite for confidence in the value of an organisation; for investors, the public and the organisation itself.

A conscientious independent audit of an organisation’s financial report provides the basis for this confidence.

HOW TO CHOOSE THE RIGHT AUDIT PARTNER Choose the right team Experience, qualifications and knowledge are essential, along with a clear understanding of the client’s business and objectives. Ideally the audit staff should have experience in the company’s particular industry to enable them to clearly understand the challenges and market conditions in which the client operates. It’s important to make sure you have the right person or team in place and then develop a strong, trust-based relationship with them. Only then can you get the value you expect from your audit process.

Set clear parameters for the scope of work, including communication It’s essential to identify the areas or entities to be audited, how they should be evaluated and what company policies or legal requirements govern their financial management. It can also be helpful to set a work schedule with agreed timeframes at this point.

Ensure a holistic view of the audit process It is important to take a holistic approach to the report. It should be integrated and include items like a carbon audit, probity assessment etc.

As the international investment community becomes more sophisticated the audit report must reflect the importance of contextualising the information to give investors assurance beyond a simple financial position.

The main role of the auditor has always been to review the company’s financial performance, looking at things like profit/loss statements and other financial disclosure documents. However, in the course of doing that, an experienced auditor will look at internal systems and policies so that they can provide feedback across those areas.

AVOID THE PITFALLS Some of the typical pitfalls in the audit process include: • too much of a focus on simple compliance and not enough focus on business outcomes • inadequate communication between the audit team and the board • inadequate planning and scoping of the audit • not enough support for the audit process from the board.

A successful audit is one that takes place with clear communication and cooperation, enabling the internal and external audit teams to work together for the best outcome.

The audit report itself should deliver accurate, unvarnished information and a clear set of sensible recommendations.

It is important for organisations to continue to demand value from their audit partners while providing them with the information and access they need to do their job accurately and independently.

by Robert Turner

SMSF: DIY or Supported?

Self Managed Superannuation Fund (SMSF). The title infers work and with leisure time so hard to come by these days it’s not uncommon to be wary of anything “self managed”.

When considering the responsibilities that are required to be an SMSF trustee, many people worry about the reporting obligations, financial statements, tax return and the audit involved. These are important but if trustees are getting bogged down in these aspects, they may not be making the most of other features in their fund. Some trustees will elect to use professionals for the bare minimum services – just the end of year financial reports and audits. Generally referred to as a “DIY SMSF model” it can attract people because it appears low cost.

But it may turn out to be a false economy if advantages are foregone or penalties incurred.

Although some people think they will enjoy the administration process it’s important to consider the extent of requirements.

Documents need to be securely stored for up to 10 years. The SMSF must be run without breaching superannuation legislation otherwise trustees could wear ATO penalties. Watching the business news each night, reading company reports and communications is a minimum.

To manage investments to last a life time, in accordance with a written investment strategy, DIY trustees need to make time to consider global economic factors and apply robust risk management to protect their portfolio. Importantly, they should be confident they could generate returns at least as high as professional investment managers and advisors.

There are also many providers offering a partial DIY SMSF model.

This type of service is for people who don’t want the hassle of managing their fund and who may not be as confident to go at it alone. Some services are online only. Some providers are new entrants. To keep costs down, some providers send work to be completed overseas. You should check the experience, qualifications and IT security of the provider very carefully. Even delays due to poor procedures can cost members, for example tax refunds delayed due to late lodgement.

Dixon Advisory have always offered what we call a “Supported” SMSF administration and investment service. Given the growing work and knowledge required by trustees who use the DIY model, there is a growing preference for this type of service.

Trustees with Dixon Advisory want control of their superannuation but not the administrative burden. They realise their time is valuable and don’t want to spend it compiling and filing documents. They want to make the final call on investment decisions but value the guidance of experts. And they still want the option to invest directly and monitor their funds with a quality online system.

If you’d like to partner with highly qualified experts who value service as much as you do, call us today on 1300 264 485 for a private consultation – offered with one of our Canberra office directors.

Bird Cameron

Chartered Accountants

For further information, please contact Ged Stenhouse, National Head of Audit with RSM Bird Cameron on 02 6217 0369 or ged.stenhouse@rsmi.com.au.

If you would like to find out more information, contact Robert Turner on 1300 264 485.

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BUSINESS ADVISORY

By Tony Lane

The company registered office – more than an anachronism

“What’s the address of the Company’s registered office?”, I asked a company director. His response, perhaps predictably, was to recite the trading address of his company’s business. A repeat enquiry yielded no change. I asked if he knew the difference between the two: it was clear he did not.

A company’s registered office is more than just an anachronism of law.

It serves a relevant purpose under the Corporations Act 2001. Critically, amongst other things, it is the place where documents can be effectively ‘served’ on a company1. ‘Service’ is an oft-fraught legal term which I won’t delve into in this article, other than to say it is generally the manner by which important (read: especially Court) documents are delivered, in this case to a company.

Upon their registration, many companies will adopt their accountant’s address as the registered office – meaning any important documents will be sent or delivered to that address.

However, what happens if you change accountants or simply stop communicating with that accountant? Whose job is it to update the details of the registered office? Turns out, it falls on the company’s directors – and it has to be done within 28 days of the change or badness may prevail!

“What badness?” I hear you ask. Well, consider this recent example.

Company A commenced trading in late 2013. It was newly incorporated and placed its registered office with its accountants. Trading was brisk and profitable, however neither director engaged further with the accountant. A rift between the directors saw one exit the business in late 2014, however the departing director was the previous contact point for the accountants.

Fast forward now to 2015 and a disgruntled creditor serves a statutory demand followed by a winding up application on the registered office of the company. Leaving aside the manner in which the accountants informed (or didn’t as the case may be) the company, the remaining director had no knowledge of the important documents that were now in play. These circumstances led to the winding up of an otherwise solvent company at a cost well in excess of the debt claimed by the creditor.

The hard learned lesson for the director was to ensure that he knew, and kept up to date, the company’s registered office. Had he done so, he would likely have been able to head off the creditor and resultant cost of extrication from winding up.

BUSINESS LAW

by Mark Love

Employee share schemes

One of the best ways of attracting and retaining high-quality staff is to provide them with an ownership share of the business they’re helping to develop. It creates an obvious incentive for them to throw their faculties behind a common cause in the hope of sharing its future success and reward. For technology start-ups with limited resources in particular, it is the only way they can compete for staff with established companies who can offer higher pay and other perks.

Offering equity to employees is commonly achieved under an “employee share scheme” (ESS), through which employees are offered discounted shares or options in the company they work for.

Unfortunately since 2009 they have been subject to unfavourable tax treatment in Australia – in essence, under such schemes employees are being taxed on their gains before they are even realised. This has effectively ended ESS for start-ups, in turn driving Australian talent overseas.

The government is proposing to amend the tax treatment of ESS from 1 July 2015. If an employee earns under $180,000 per annum, the existing tax concession will be retained which exempts the first $1,000 gained from ESS interests. However if an employee is issued with options, they will now be able to defer the tax on them for 15 years instead of only seven. And if an employee of an “eligible start-up” has held the options or shares for at least three years, the taxation on them can be deferred until sale, and any discount of up to 15% on their price can be exempt from income tax (although CGT is still paid on sale).

There are still some problems with the proposal. For example, a business will only be “eligible” for the start-up concessions if it has an annual turnover of less than $50 million. This excludes those with a high turnover but small margins, such as financial services and payments systems businesses. A company will also not be eligible if it is listed on the ASX, a path through which many technology companies do take to raise capital.

Despite the proposal’s shortfalls, it provides a welcome change from the current stymied ESS situation in Australia.

To ensure your employees reap the greatest gain from your ESS, and so that your business can flourish, we recommend seeking professional legal and financial advice to enable you to execute an appropriate ESS once the proposed amendments are implemented.

1. See e.g. section 109X(1) Corporations Act 2001

Tony is a Senior Manager 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

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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

CORPORATE GOVERNANCE

BANKING

Brought to you by Tania Vidovic

The importance of a credit rating

Having a positive credit rating could be essential to securing finance now, or for borrowing money for big ticket items, such as property or a car, in the future. As more people begin to use credit as a means of finance, it’s important to understand what a credit rating is and what a good or bad credit rating could mean1.

What is a credit rating and how do you get one?

A credit rating is an automatic calculation of the risk of a loan application, based on a person’s credit history, employment, stability of income and, since March 2014, their repayment history1. This information is traditionally stored on a credit file1.

The credit file is a recording of your credit history and is triggered once you have applied for any number of credit options, including: credit cards, personal and business loans, a mortgage, mobile or Internet plans or even utility accounts2.

What determines a credit rating?

There are several factors that could combine to form a credit rating.

Among the most common include whether a person has previously missed payments on their debts, a person’s current employment type, and how many enquiries have been made on your credit file in the previous six months.

What does bad credit mean and how long does it last?

If you are deemed to have “bad credit”, a bank or lender could see you as a higher risk and not lend you money, they may also limit the amount you can borrow or charge you higher interest. A bad credit rating could potentially last for years. For example, details about credit applications are kept for 5 years, while repayment history information lasts 2 years3.

Give yourself credit A good credit score could go a long way in helping you secure a loan, so it’s important to know what your credit rating is. You’re entitled to see your credit file for free, and several agencies within Australia have access to your credit file and are obliged to provide it to you upon request.

Disclaimer: The information is in summary form and does not purport to be complete.

It is intended as a general guide only and is not a substitute for professional advice. The information does not take into account your personal needs and financial circumstances and you should consider whether it is appropriate for you.

Sources: 1. “Credit Rating Mortgage”, homeloanexperts.com.au, Accessed 9 September 2014 2. “Why credit ratings matter”, yourmortgage.com.au, Accessed 9 September 2014 3. “Tools and tips: Credit report”, moneyhelp.org.au, Accessed 9 September 2014

by Phil Butler

Mergers on the rise

At a recent briefing on financial sustainability for NFP organisations, the discussion turned to mergers and the success (or otherwise) of mergers. The key ingredient (or determinant) for success was around the integration of the cultures that existed in the organisations. While this discussion emanated from an NFP perspective, the same can be said for any mergers whether they are private, public or NFP sectors.

So what is this elusive ingredient and what role can we, as directors and leaders, play? The phrase “the fish rots from the head” came to prominence in Bob Garrat’s bestselling book (of the same name) and refers somewhat harshly to the negative impact that leaders can have on culture. And while there have been many examples of this evident in corporate life over the centuries, there are many examples of fine leadership creating cultures that have led to outstanding results. Many cricket tragics may think of Alan Border’s role in turning around the Australian cricket team in the 1990s, for example.

When combining cultures, tensions both positive and negative may result, however naturally it’s the negative aspects having greater impact.

It is in such mergers when the difference in culture - the mindset of “that’s the way we do things around here” - can be seen most explicitly.

While being potentially damaging, these differences can be very advantageous if harnessed in the right way and not just ignored and left to fester. It is imperative for leaders to ensure that the whole (new) organisation understands the key goals and overall vision. For larger organisations it is critical that this understanding cascades through teams so that each individual and team understands their collective and individual roles as well. Leaders need to be alert to any signs of destabilising influences on culture while also being open to creative ideas being generated through healthy scepticism. Many great ideas have been stifled because of an overbearing approach from leaders.

Another key challenge in mergers of all kinds is that it is unusual for true equality to exist in the transformation. Often, there exists a dominant “partner” in many cases, and this can lead to less than optimal outcomes. Such inequitable arrangements can lead to the loss of highly talented staff, which can be an enormous cost to the organisation.

There are no magic bullets for leaders going through the merger process. While you can learn from other case studies or personal experiences, the reality is that each situation is likely to be quite different.

The most important thing for leaders is to be alert to the differences of the cultures and not ignore the opportunities or the problems this can bring.

ANZ Mobile Lending For more information, contact Tania Vidovic, ANZ Mobile Lender, ANZ Mobile Lending, M: 0437 131 314 P: 02 6293 3333 F: 02 6293 3311 E: tania.vidovic@anzmortgagesolutions.com This Mobile Lender operates as ANZ Mortgage Solutions Canberra Southside & Weston Creek, ABN 79 116 225 373 an independently operated franchise of Australia and New Zealand Banking Group Limited (ANZ) 11 005 357 522. Australian Credit Licence Number 234527. ANZ’s colour blue is a trade mark of ANZ.

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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DISTRIBUTION LOGISTICS

by Matthew Jones-Angel

Speedy delivery the key to customer loyalty and repeat internet sales

The rapid growth in online shopping has exposed gaps between when the buyer makes a purchase and when they receive the goods, posing one of the biggest challenges in eCommerce logistics. If delivery is not swift, the sale may be lost; and should the delivery not meet expectations, repeat loyalty and future sales can be affected.

Communication is vital. Rather than a customer waiting for the delivery with a vague estimation of arrival time, there are now technological opportunities to convey each step of the process, as the product travels from online order to the customer’s door: • Order confirmation emails and SMS progress updates; • Despatch advice with tracking ID; • Notification of delivery.

Most customer enquiries relate to delivery, so being notified in advance and provided with a clear perception of when the delivery will be made will minimise these types of enquiries/complaints, further enhancing customer satisfaction.

The 3 keys to timely delivery are: 1. Product availability Inventory must be managed accurately in real time, helping to ensure that stock holdings meet projected sales. Contingencies must be considered to fulfil unexpected spikes (safety stock), and it helps if you can utilise supply chain forecasts to optimise purchasing volumes while reducing any costly excess.

2. Timely order processing Smaller start-up operations will generally have no difficulty fulfilling their own orders on a daily basis. But as the business grows, time spent on processing orders will present your business with a significant overhead cost and, more importantly, robs you of the time needed for the critical growth activities of sourcing suppliers, expanding your sales, and business/product diversification and optimisation. It might be time to engage a professional 3PL provider to ensure orders are processed and despatched on time, every time.

3. Delivery expectations Distribution choice and cost present the greatest complexities – how do you provide a premium (next day?) service yet minimise the cost amid increasing, diverse and intricate service options and prices being offered by Australia Post and other carriers? 3PL providers can help, giving exposure to carrier choice and access to systems that automate the process.

Ask yourself the questions - What are the real per item costs of holding 10% more stock, having a 3PL provider manage the order fulfilment for you, and using an overnight or express delivery service rather than “snail mail”? And are these costs offset by the potential for improved customer service and increased sales? If the numbers add up, the right decision will usually become obvious.

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Your independent warehouse, mail house and distribution specialists...

P: (02) 6269 1000 www.nationalmailing.com.au

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FAMILY LAW

by Juliet Behrens

Am I in a de facto relationship?

This is an important question to ask, because being in a de facto relationship can have significant implications in relation to social security, income tax, wills and estates, and other areas of the law. It also means that if you separate, you or your partner may have a claim for property adjustment, superannuation splitting, and/or partner maintenance under the Family Law Act. In most situations the answer to the question is clear. If you are living with another person in a couple-like relationship (same-sex or oppositesex), then you are in a de facto relationship. But sometimes the answer is less clear. What if you have two homes, but spend three or four nights a week together in the one home? What if you live together but you keep your finances completely separate? What if you live together but don’t have a sexual relationship? What if no one knows you are a couple? What if you or your partner is claiming social security as a single person?

You could still be found to be in a de facto relationship in any of these circumstances. A court asked to determine this question will look at all of the circumstances to make a decision as to whether or not you are in a de facto relationship. You may “drift” into a de facto relationship without knowing it, or intending it.

For the Family Law Act to apply you must usually be in a de facto relationship for two years before legal implications flow- but not always. If you have a child together, or if one person has made significant contributions, a shorter de facto relationship may attract legal consequences.

Anyone concerned about whether or not they are in a de facto relationship, and about the legal consequences of this, should consult a lawyer. One option is for you and your partner to enter into a Binding Financial Agreement setting out what will happen to property and superannuation you own if you separate, and also dealing with partner maintenance. These documents need to be drafted with care to ensure that they comply with the requirements of the Family Law Act, and do what they are intended to do. Both parties need to have independent legal advice, and their lawyers need to sign statements to that effect.

Even if you do not take this step, preparing lists of what each of you own (with values) when you commence a relationship, can assist to resolve matters if you separate.

As with any significant transition point, it is a good idea to review your Will, Power of Attorney and nominated superannuation beneficiaries on forming a relationship, and at regular intervals thereafter.

Dr Juliet Behrens is a Senior Associate of the firm 18 Kendall Lane, New Acton Canberra City ACT 2601 T: (02) 6212 7600 E: mail@ddcslawyers.com.au www.ddcslawyers.com.au

FINANCIAL PLANNING

by Luke Smith

Are ETFs a better option?

Superannuation investment has come a long way over the years and traditional managed funds are not the only way to gain an exposure to the market. A cost effective alternative is to use Exchange Traded Funds or ETFs. So what is an ETF? Exchange Traded Funds (ETFs) are one of the fastest growing investment products in the world, offering investors a simple and costeffective way to achieve diversification in their investment portfolios. ETFs blend the benefits of both managed funds and shares. They offer efficient, low-cost diversification, combined with flexibility and liquidity.

ETFs can be bought and sold on a stock exchange like shares. And, like managed index funds, they contain a diversified portfolio of securities designed to track specific indices. Some indices are narrow, tracking a single market sector with minimal holdings, while others are as broad as the entire market with hundreds of holdings. This means investors can use ETFs to gain the exposure and diversification they want, quickly and simply.

The cost of an ETF can be a lot lower than traditional managed funds, historically a retail managed fund could charge between 0.80% and 2.00%, depending on the type of investment maintained. The cost of an ETF can be as little as 0.07%, with costs generally ranging from 0.20% to 0.60%. The cost of the ETF would be impacted by the sector it targets, the provider and the underlying portfolio. This low ongoing cost makes them a very attractive alternative to traditional managed funds.

Another advantage of ETFs is that the investor may also benefit from ongoing income distributions, similar to that of a listed share. In addition, the holder of an ETF could also receive franking credits generated by the underlying investments. This ensures a tax effective income stream is received over time where available.

If you have a portfolio of managed funds that charge higher ongoing costs each year, considering an ETF may be a good way to maintain your diversification whilst reducing expenses. They can be used for investment in your own name, a good personal superannuation fund as well as Self Managed Superannuation Funds.

For more information on ETFs and how they could be a better option for you and your portfolio, come and see the team at Dragonfly, because after all you don’t know what you don’t know.

General Advice Warning:

The information provided in this document is general information only and does not constitute personal advice. It has been prepared without taking into account any of your individual objectives, financial solutions or needs. Before acting on this information you should consider its appropriateness, having regard to your own objectives, financial situation and needs. You should read the relevant Product Disclosure Statements and seek personal advice from a qualified financial adviser.

Luke Smith, Director AFSL No: 237590 T: 02 6273 3118 F: 02 6273 1118 E: luke@dragonflyfs.com.au M: 0413 311 999 GPO Box 1961 Canberra ACT 2601 www.dragonflyfs.com.au

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INTELLECTUAL PROPERTY

by Shaun Creighton

Trade mark examiner adverse reports – not necessarily fatal to your application

After a trade mark application is filed it is examined by a Trade Mark Examiner, all trade mark applicants hope to get a “clear” Examination Report. This enables the application to be advertised as accepted. However, many applicants receive an Examiner’s “adverse report”, leaving some to think the application is “dead in the water” (not automatically true) and others wondering what to do next.

The first thing to remember is that it may be possible to make submissions to IP Australia to overcome the Examiner’s adverse report.

Before submissions, applicants often choose to have a review carried out by trade mark attorneys or lawyers specialising in trade mark law. If there are reasonable prospects, the applicant may instruct the professionals to draft and file submissions. The content of submissions varies depending on the objections raised by an Examiner in the adverse report.

So, what objections might an Examiner raise? Objections often stem from section 41 and/or 44 of the Trade Marks Act 1995 (Cth) (TMA): Typical objection - lack of distinctiveness (s41, TMA): Here, the Examiner assesses that the mark is incapable of distinguishing the applicant’s goods/services from those of other traders (for example, attempting to register the word BIKE for bicycles). For an s41 objection, suitable submissions generally include: • Legal submissions relating to the extent to which the trade mark is inherently adapted to distinguish the designated goods/services; • Evidence in the form of statutory declarations attesting to the use (and depending on facts, the intended use) of the trade mark by the applicant; and • Legal submissions relating to any other relevant circumstances.

Typical objection - conflict with certain pre-existing marks (s44, TMA): Here, the Examiner assesses that the mark is substantially identical or deceptively similar to an earlier registered mark (or application) and registered (or applied for) in respect of similar or closely related goods/ services. For an s44 objection, suitable submissions generally include: • Legal submissions that the marks in question are not substantially identical or deceptively similar and/or there are no conflicting goods / services; and/or • Legal submissions and associated evidence to show prior user or honest concurrent use; and/or • Enclosing a letter of consent from the proprietor(s) of the conflicting mark(s).

At ARETE Group, our team includes specialist trade mark lawyers, registered trade mark attorneys and a former trade mark examiner. We can provide you with a free of charge and no obligation preliminary assessment of prospects of overcoming an Examiner’s adverse report. We can also provide more detailed advice and draft suitable submissions.

We have extensive experience in drafting submissions to trade mark Examiners and often act for law firms (on an agency basis) who require specialist trade mark expertise for their clients. For further information or if we can assist, contact Shaun Creighton.

Visit or contact us at W: www.aretegroup.com.au or www.atrademarks.com.au E: shaun.creighton@aretegroup.com.au T: 02 6162 1639 or 1800 705 680

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RECRUITMENT

by Jim Roy

The gender diversity divide: “I don’t see what the problem is” say the men

Women are less likely than their male co-workers to believe that pay equality and equal opportunities exist for both genders in the workplace, according to the new Hays global survey on gender diversity.

At Hays, we are known for supporting the advancement of women in the workplace. However, our survey found that although progress is being made, gender diversity remains a business critical issue.

In the survey of almost 6,000 people, that was released for International Women’s Day on Sunday 8th March, 18 per cent of men think that equally capable male and female workers are not paid or rewarded equally, compared to 45 per cent of women. The survey also found that almost one in two women (48 per cent) compared to one in five men (21 per cent) say that the same career opportunities are not open to equally capable colleagues of both genders.

‘Make It Happen’ is the International Women’s Day 2015 theme, which calls for greater gender equality. So what did people think would improve gender diversity in our survey?

Almost one in two (44 per cent) of the survey respondents say that more flexible working practices would have the biggest impact on improving gender diversity in their workplace. This was equal to changes to workplace culture through education across the business (44 per cent), highlighting female role models (32 per cent), changes to organisational policy (32 per cent), changes to government policy (27 per cent) and better board backing for diversity issues (26 per cent).

Just 9 per cent of respondents said implementing quotas would have a big impact, showing the vast majority believe that cultural change and practical measures, rather than formal quotas, are the answer.

It seems remarkable in this day and age, given all the research espousing the benefits of a gender diverse workforce, that women are not equally represented in leadership positions, supported and encouraged to reach their career goals, and paid equally.

If those in charge don’t think there’s a gender imbalance in the pay or opportunities open to both sexes, it might take the leadership of the next generation to action real change and close the differential between men and women – both in perception and reality.

Hays surveyed 5,949 people across 31 countries during December 2014 and January 2015.

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

WEBSITES

by Sam Gupta

Maximising conversions online

Gone are the days when you could simply rely on advertisement campaigns alone to generate sales. The sales process has become much more complex now and your website plays a critical role in it.

In the old times, you would come up with a package deal, run a TV, radio or print ad and generate traffic to the website and hope that some of it converts. Some obviously buy, but what happens to those who don’t? The problem is that a lot of resources and efforts are wasted in generating traffic and not enough in engaging visitors or building relationships. This can make the cost of acquiring new customer very high.

Customers nowadays have many options from which to choose.

They can get roughly the same kind of product or service at roughly the same kind of price from someone else. They don’t just blindly trust an advertisement anymore, they like doing some research before they commit to buy. There is too much noise out there. What it comes down to is the type of relationship you have with your potential customers. The stronger the relationship, the better the chance of conversion.

The idea is that rather than just focusing on the traffic that is ready to buy from you, try to also look after people who are interested in your product but are not ready to buy just yet. Try to capture the ‘not-so-hot’ leads and nurture them via your CRM and automated marketing.

Depending upon your product or service, you can employ a variety of short term and long term lead nurturing strategies to build a strong relationship with your customers. This way, when the customer is ready to buy, you are one of the first businesses in their mind. It will simply increase the chances of conversion.

Similarly, existing customer traffic is often taken for granted by many businesses. Integrate your website with the CRM and email newsletters to build relationships with your existing customers. It all comes down to personalisation. For example, a CRM can trigger an email to your sales when customers visit certain pages multiple times or show interest in another product.

By personalising the messages and building strong, genuine relationships, you will be able to increase the conversion as well as the likelihood of repeat business and referrals.

If you would like to know about how your business can grow online, give me a call and we can discuss it over a coffee.

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Sam would love to hear your thoughts on this advice column.

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INAUGURAL CHEFS OF CANBERRA DINNER

Chefs of Canberra will be co-hosted by Mildura maestro, restaurateur Stefano di Pieri and ABC 666’s Alex Sloan and will offer guests a feast for the senses – a four-course degustation from top local chefs accompanied by a musical taste of the upcoming festival program, in the magnificent space of the Village Centre at the National Arboretum.

Janet Jeffs, director and head chef of Ginger Catering, has brought together a team of chefs from Canberra’s best restaurants: Ben Willis, head chef and owner of two-hat restaurant Aubergine; James Mussillon from Watersedge and Courgette restaurants; Clément Chauvin from Les Bistronomes.

The evening will commence on the Bonsai deck, enjoying canapés and champagne from the Moët Hennessy bar looking out over the lights of Canberra. Then it’s indoors for the very best of the region’s seasonal produce matched with fine wines from Canberra vineyards. Throughout the evening, guests will be treated to a selection of performances from CIMF musicians chosen by artistic director Roland Peelman.

Chefs of Canberra dinner brings together some of Canberra’s finest attributes – its local produce and talented chefs, its stunning scenery and perfect autumn weather – with compelling performances from CIMF musicians. It’s sure to become a festival favourite and a major drawcard for interstate visitors.

The event is an opportunity for CIMF to raise funds to support its Youth Music Education and Participation program. Donations will directly contribute to the quality and creativity of its children’s programming, expand youth performance opportunities within the festival program and increase the capacity to offer opportunities for children, including from disadvantaged backgrounds, to experience high quality music making. Donations are tax deductible.

Ticket Price: $150 per person includes food and wine.

This is a wonderful opportunity for Canberra’s business community to support Australia’s most vibrant and innovative art music festival. If you would like to book a corporate table call the Festival office on 62305880.

The Canberra International Music Festival will be hosting the inaugural Chefs of Canberra Dinner 30th April 2015 – a showcase of the very best of what Canberra has to offer 26

Further information and bookings: www.cimf.org.au

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Canberra can learn from Wellington experience ANDREW BARR

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

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I

recently visited the New Zealand city of Wellington which was labelled by popular travel publication Lonely Planet as the ‘coolest little capital in the world’. I don’t think my hosts were surprised to hear this title is something I’d like to take from them for our cool capital.

There are many similarities between the two cities. Wellington has a population of almost 450,000. It is an educated, culturally diverse city with a vibrant arts and culture scene, with great access to the natural environment. Just like Canberrans, Wellingtonians love living there. We both promote ourselves as world-class, costeffective places to do business and exciting places to visit.

I believe there are many opportunities for our ‘cool’ capitals to market our business, investment and tourism opportunities to a global market that is increasingly looking south for investment opportunities.

At the moment, one difference between us is that Wellington has direct international flights.

I want to change this. The ACT Government is working hard to support the push for direct flights between Canberra and both Singapore and New Zealand.

Achieving this will have significant benefits for our city. New Zealand is the top ranked country of origin for visitors, but for Canberra, they are ranked fifth. There’s an obvious opportunity here and direct flights across the Tasman from Canberra will help push them up the rankings. Flights from New Zealand to Canberra would be worth an estimated $50 million a year to our economy.

Canberra is a natural destination for New Zealand tourists. We share the ANZAC legend and I would like the Australian War Memorial to become a must-visit destination for New Zealanders as it already is for Australians. Our museums, our art, our culture, our food, our wine and the natural beauty of our surrounds are something I look forward to sharing with more New Zealanders.

Despite my admiration for Wellington, I know Canberra has the potential to be even better. We are lucky to have world class health and education facilities, a highly diverse and multicultural community with a wonderful array of national

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attractions. Don’t forget that the OECD recently declared Canberra as the ‘world’s most liveable city’ and Time Magazine and the New York Times have given our city rave reviews.

What we need to do is capture this potential and give our citizens a reason to be even more proud of our city. Building pride in being a Canberran will go a long way to ensuring we can become the world’s coolest city. In the lead up to next week’s Canberra Day celebrations - an event we have reframed to focus on local, Canberra talent - new ‘We are CBR’ signage has been released.

These are free images that we hope local business and citizens will embrace and utilise as a badge of honour.

While I was in New Zealand, I met with the key players behind the successful Grow Wellington initiative to discuss how we can join forces to promote the unique features of our capital cities internationally and effectively grow the market for international visitation, business and investment.

This government’s focus on urban renewal, transport reform and social inclusion and equality will go a long way to nabbing Wellington’s title.

Successful urban renewal in Braddon and New Acton has already got the travel writers talking.

By building the right infrastructure our city needs, renewing our urban precincts and facilitating a socially inclusive community, we are well on our way to shifting Canberra’s place on the global map from a cool capital, to the coolest little capital city in the world. I just hope our friends in Wellington will forgive us.

For information phone: (02) 6205 0011 fax: (02) 6205 0157 email: barr@act.gov.au post: GPO Box 1020 CANBERRA ACT 2601 www.parliament.act.gov.au

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