B2B in Canberra January 2012 (issue 67)

CANTLIE CANBERRA'S TALENT SPECIALISTS ASK How talented does Canberra need to be?

WHAT IS BETTER - A LUMP SUM OR A PENSION? Stephen Bourke from Certus Law explains the difference

SHOULD INTERNATIONAL STUDENTS CHOOSE CANBERRA? Our local politicians put the case for Canberra in 2012 CANBeRRA’S BUSINeSS & GOVeRNMeNT MAGAZINe

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CONTENTS

PUBLISHER’S NOTE Merry Christmas to you all. In this issue we are celebrating a number of things. First our young professionals. Many of us take for granted the young people that have continued their formal education and spent that extra couple of years out of the workforce to get the skills that we so desperately need. Whilst apprentices and others in vocational training programs and being paid on the job and finish their programs as skilled,worksavvy businesspeople - many young professionals start their working careers with little or no work experiences at all. Yet they are the ones that actually do the work in most professions! More amazing still some young professionals skip the whole employee thing altogether and start their own businessess! We are also celebrating all of the winners and finalist of the recent Canberra BussinessPoint Awards. These awards highlighted the amazing amount of talent and ideas we have here in Canberra in the private sector. And I would also like to celebrate the flexability of the private sector in the ACT. After the recent announcement by the Federal Government of 3,000 job losses in the public sector, there was some grumbling, but pretty quickly this turned to discussions and ideas about the opportunities that might arise from this short-sighted decision.

TIM BENSON Publisher

14 COVeR CANBeRRA'S YOUNG STORY PROFeSSIONALS photos by Andrew Sikorski

CONTENTS

UPFRONT 04 New boss for BMS in Canberra

BUSINESS SERVICES When you don’t own what you think you do…

By Kazar Slaven

05 B2B’s designer Shannon Rennie wins PAGE award OPINION 06 Ann Northcote, Director, Farrar Gesini & Dunn

26 CORPORATE GOVERNANCE 500+ directors surveyed in biannual AICD survey

By Australian Institute of Company Directors

talks about clever litigation

WEBSITES From touch screens to FEEL screens!

By Synapse Worldwide

FEATURES 08 Greg Castle, Westpac Regional General

Manager shares how they are protecting their customers wealth

09 RSM Bird Cameron shares how to develop land within a Self Managed Superannuation Fund

28 INTELLECTUAL PROPERTY Unfair contract terms and the Competition & Consumer Act 2010

By Chamberlains

12 Canberra Business Point Awards – Award Winners

TALENT SERVICES How talented does Canberra need to be?

By Cantlie

Show ACT Great Place For New Businesses

VOX POLI 10 Why should international students choose Canberra as a place to study in 2012?

COVER STORY 14 Canberra's Young Professionals

34 ACT EXPORTERS NETWORK: Industry-University Linkage: A Win Win Experience

24 BUSINESS RELOCATIONS Project management

By Allied Pickfords Business Relocations

Manning Fell 0459 024 368 manning.fell@b2bincanberra.com.au

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35 CANBERRA BUSINESS COUNCIL: G20 highlights urgency of developing Australia forum

23 BUSINESS LAW Duty of Care: taking care of invitees

By Elringtons Lawyers

ADVERTISING ENQUIRIES

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32 ACT & REGION CHAMBER OF COMMERCE & INDUSTRY: Networking and your business

MARKETING Quality always shines through

By Brandnet

Tim Benson editorial@b2bincanberra.com.au 02 6161 2751

35 ESTATE PLANNING What is Better – a Lump Sum or a Pension?

By Certus Law A2B: ASSOCIATIONS TO BUSINESS

21 ADVICE FROM THE EXPERTS 22 ACCOUNTING Funding the super shortfall

By RSM Bird Cameron

PUBLISHER I EDITOR

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BUSINESS NETWORKING 36 B2B @ Canberra PAGE Awards B2B @ Yellow Edge Christmas Party 38 B2B @ CIT Momentum Exhibition 39 B2B @ Canberra Business Council Annual GALA Dinner

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DESIGN

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UPFRONT

Nicholas Burt – FMA Australia, Preeti Bajaj – BMS, Luke Kewell – BMS, Michael Waymark – Chief Executive, Programmed Facility Management, Steve Taylor – FMA Australia

New boss for Brookfield Multiplex Services in Canberra Brookfield Multiplex Services (BMS) recently appointed Trevor Cronk as their Regional Manager (ACT & Government) replacing Dennis Mitchell who is retiring at the end of the year. Trevor brings with him some 30 years experience in the public and private sectors and all functions of Corporate Real Estate (CRE). The appointment into this role will see him responsible for the leadership, contract management, profitable growth, reputation and overall operating performance of BMS’s ACT office.

BMS is an independent division of the Brookfield Group, employing over 400 professional, trade & support staff nationally.

They are providers of integrated Real Estate, Facilities and Project Management Services across markets including: Commercial Property comprising investors and occupiers of retail, office, industrial and data centre assets; Infrastructure comprising owners and operators of a range of health, education, justice and Defence assets; and Residential.

Trevor moved to Canberra in 2006.

“One of the main attractions of the move was the great work/life culture and the business opportunities across the private and public sectors that exist here in Canberra,” Trevor said.

A testimony to the calibre of BMS’s service capability was the recent recognition received at the second annual Facility

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Management Association of Australia (FMA) Awards for Excellence in Melbourne.

“The event celebrated a year of outstanding achievements for BMS in the facility management industry,” Trevor said.

BMS were major winners on the night, picking up: 2011 FMA Australia & Programmed Facility Management State and Federal Government Excellence in Facilities Management Award Brookfield Multiplex Services - State Government of Victoria Team BMS has been engaged by the State Government of Victoria since 2008 to manage a high profile portfolio, comprising of 52 owned sites and 248 leasehold office properties, with services ranging from preventative and reactive maintenance, compliance and essential services management, to lease management services.

2011 FMA Australia & GJK Facility Services Sustainability & Environmental Impact Excellence Award Brookfield Multiplex Services - HMAS Waterhen A review of the building management and control system for HMAS Waterhen, a Navy Defence Base in Waverton, New South Wales for which BMS provide facilities management services resulting in: • improved energy efficiency by 31%;

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• improved the Base’s NABERS rating from 2.5 to 4 stars; • improved occupant amenity and comfort, leading to increased productivity and welfare; and • reduced the Department’s carbon footprint, maintenance call outs and associated costs.

Trevor says he is looking forward to his new role and the challenges and opportunities 2012 will bring.

“I would like to thank and acknowledge the contribution Dennis has made to BMS and look forward to building on his successes in 2012,”Trevor said.

Level 2, 4 Lonsdale Street Braddon ACT 2612 T 6246 7777 M 0403 332 439 www.au.brookfield.com

Trevor Cronk Regional Manager (ACT & Gov)

UPFRONT

B2B’s designer wins PAGE award

Congratulations to graphic designer Shannon Rennie from Pixel to Paper for winning the 2011 Young Achiever Award at the PAGE (Print and Graphic Excellence) Awards in the ACT. The PAGE Awards aim to capture the imagination both of traditional print and new media professionals in a celebration of collaboration.

The awards night was held recently at the Hotel Realm and was attended by over 400 representatives from Canberra’s print and graphic art industry.

The PAGe Awards aim to capture the imagination both of traditional print and new media professionals in a celebration of collaboration.

“I was delighted to see Shannon’s skills, as both a young designer and businesswoman, recognised with this prestigious award and congratulate Pixel to Paper for fostering such great talent,” Tim Benson, B2B publisher said.

Shannon is from Griffith and graduated from the University of Canberra with honours in 2011. In the final year of her design degree she worked for Voodoo Creative and then joined the team at Pixel to Paper.

“Shannon is a key member of our team at Pixel to Paper and has exceeded all expectations of a graduate, excelling in all areas of our business,” Roddy Boyd, partner and owner of Pixel to Paper said.

And the compliments don’t stop there.

“Shannon has the confidence and respect of our clients, needs little guidance, tailors her work to suit different audiences, produces original, relevant and thoughtful concepts and brings her sense of humour, support and professionalism to the office every day,” Jon Shirley, partner and owner of Pixel to Paper concluded.

In addition to here great design skill Shannon also plays an active role in the Australian Graphic Design Association as the National Councillor to represent the ACT and also represents Pixel to Paper at meetings of the international networking organization, Business Network International.

“It was really exciting to be nominated for, and to win, this award. I would like to thank Jon and Roddy for their encouragement and trust and look forward to growing with them and their business in 2012,” Shannon said.

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OPINION

Litigating the clever way

By Ann Northcote, Director, Farrar Gesini & Dunn

F

amily law disputes often involve situations where one party needs a resolution more than the other.

For example, if the wife has moved out of the former matrimonial home and she is now renting her own place, whereas the husband has continued to live in the home and he doesn’t have a mortgage to pay, then the wife’s level of urgency is greater.

Similarly, if the children are living with their mother and not seeing their father, then the father needs the situation to change more quickly than the mother.

These situations are exacerbated because the ‘status quo’ established immediately after separation, both in property and parenting situations, can have a significant or even determinative effect on the final outcome.

Where there is urgency, such as the need for a restraint to stop one party liquidating a trust fund or to stop a parent abducting children out of Australia, the stress is heightened further and the urgency rises to a new level.

In October, my colleague Juliette Ford wrote about collaborative law, and avoiding the litigation battlefield, as a preferable way to resolve disputes. Certainly in most, if not all, cases that is true. Litigation can be financially and emotionally difficult for people, if not properly managed. Further, in many situations, lawyers are unable to give their clients a satisfactory answer as to how long a case will take, and exactly how much it will cost, or to guarantee what the outcome will be.

With all those ‘cons’, it is understandable to think; why would anyone start Court proceedings? Sometimes, however, there is no choice. Some people are unwilling to

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negotiate, or they take provocative steps, with money and children, which leave the other party with no option but to go to court.

Sometimes one party takes a “head in the sand” approach and refuses to deal with the issue. Many months of emotional angst and thousands of dollars can be spent writing letters, sending invitations to mediation, and trying to find creative solutions. Attempts to avoid Court are often fruitless. Ultimately, there are only two ways a dispute can be resolved; by agreement of the parties or by Court intervention.

Having an experienced family lawyer who you can talk to in order to help understand what is going on is a huge plus.

There are ways to minimise the financial, emotional and time costs of litigation. The most important of these is to make sure every client understands what is happening at Court, the restrictions imposed by the process, and the opportunities to end the litigation by settlement.

Ensuring that clients have proper emotional support – from family and friends and also from professionals – is important.

Firstly it is important for maintaining a good state of mind through a process that can last up to two years. Secondly, decisions in the Family Court are often ‘black and white’ decisions about financial matters – cost/

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benefit type decisions. Clients who are able to separate the emotional from the financial make better decisions earlier in the process.

Once litigation commences it is important not to just “go through the motions.”

Each case has to be tailored to the client’s needs. Being proactive, using the litigation techniques that are available as to collating necessary information and using experts such as financial planners, child psychologists and superannuation experts can generate a better and often quicker outcome. Most people do not know that of 100 cases that start in the Family Court, only approximately 7 are ultimately determined by a Judge. The other 93 settle. Litigation is not easy, but sometimes there is no other choice. The court process has inherent uncertainties and challenges.

It is a difficult and complicated process that can, without good management, get out of control. Having an experienced family lawyer who you can talk to in order to help understand what is going on is a huge plus.

However, in addition, having a family lawyer who is client focussed from the outset, who knows when to litigate and when to hold off, who helps the client manage the fees, makes appropriate referrals to support services and who manages the inevitable shortcomings of the court system, will mean that whatever the outcome, the client will be satisfied that the most professional job was done.

For experts in family law litigation contact Farrar Gesini & Dunn.

Level 5, Colonial Mutual Building 17-21 University Avenue, Canberra City ACT P (02) 6257 6477 | F (02) 6257 4382 E fgd@fgd.com.au | www.fgd.com.au

Certainty, security and stability for your future.

Estate planning | Superannuation | Wills | Trusts | Collaborative solutions Are you going overseas?

If so see us for a will

Are you helping your kids financially?

See us to protect your money and progeny

Left out of the will?

Then see us

Level 5, 28 University Avenue, Canberra ACT 2601 p 02 6268 9090 certuslaw.com.au

F E AT U R E

Marthes Pattman, Advanced Financial Planner

Helping our customers protect their wealth

C

anberra’s thriving small business community can bank on receiving sound advice when they visit Westpac insurance expert, Marthes Pattman.

Be prepared for the unexpected Australians are renowned for their ‘she’ll be right’ attitude; but optimism can’t always fend off the unexpected.

And the impact of a key person becoming sick or injured can be devastating for a small business.

“When customers come to see me, they generally are only thinking about life cover,” Marthes says. “While that’s important, I’ll also encourage them to look at the bigger picture.”

“When you’re operating a small business you need to fully consider the financial impact of suffering illness or an accident that puts you out of action indefinitely.”

“You could lose the business income you’ve come to rely on. You may need to pay someone else to run your business for you.

Bills still need to be paid. Add to that money for hospital bills, medication and rehabilitation

– it can soon mount up. It’s both emotionally and financially draining for the whole family.”

Statistically anyone can get sick or have an accident that might threaten their livelihood and their family’s assets. Last year Westpac paid more than $101 million in life insurance claims providing financial assistance to over 1,020 customers, including regular payments totalling more than $10 million paid out to income protection customers.

Among the top ten for claims notified to Westpac Insurance from October 2009 to January 2011 were cancers, heart disease, depression and injuries due to accident.

“Our small business customers have worked hard building wealth to secure their family’s future. We want to help them make sure that wealth isn’t eroded,” Marthes says.

The right cover ensures peace of mind Marthes has helped arrange cover for a number of Canberra’s small businesses, including Synapse Worldwide. Like many small businesses, Synapse Worldwide is owned and operated by a husband and wife partnership.

For businesses such as these (where there

are only one or two key people), adequate insurance cover plays a vital part in safeguarding their business assets.

Westpac offers a wide range of insurance products. Westpac Income Protection and Income Protection Plus replaces up to 80 per cent of the insured person’s monthly income if they are unable to work.

Westpac Business Overheads covers allowable business expenses such as electricity and rent if you’re unable to work because of sickness or injury.

Marthes adds, “As a risk specialist, I’m here to help Westpac customers ensure their family’s wealth and their business is adequately protected. You can significantly lessen the financial impact of an unplanned event with appropriate insurance. It can cost just a few dollars a week – a small price to pay for peace of mind.”

Westpac Insurance can provide the right cover for you and your business. If you’d like to discuss your insurance needs, call Marthes on 0438 670 595 or email or at mpattman@ westpac.com.au. She’ll be happy to help you.

Greg Castle Regional General Manager Westpac Banking Corporation

F E AT U R E

Developing land within a self managed superannuation fund

By Michael O’Hehir Principal, RSM Bird Cameron

W

ith the introduction of the new borrowing rules, property has become the asset of choice within an Self Managed Superannuation Fund (SMSF).

Generally, a SMSF cannot run a business.

However SMSFs are able to undertake either solely or in partnership with other parties in certain circumstances, the development of property. There are many advantages in relation to using a superannuation fund as the vehicle for property development: 15% flat tax rate, an effective tax rate of 10% on capital gains for assets held for more than 12 months and a Zero rate of tax when all members of the fund are in pension mode.

There are also some significant disadvantages: • Ensuring the Sole Purpose Test is not breached by developing property within your SMSF • The fund cannot borrow against property already held by the fund and cannot borrow extra funds to develop or improve an asset • An SMSF cannot on lend funds to related parties • You cannot invest in an asset where there is a charge held over it • Ensuring the in-house asset rules are not breached with regards to related party transactions If you are a trustee of an SMSF and are looking at developing property you should consider the following options:

Option 1 Borrow to acquire the land and fund the development through cash held already within the fund.

Option 3 Enter a formal agreement to provide the land for development to a developer.

The SMSF can borrow to acquire the land but cannot borrow to finance the development costs. Property already existing within the SMSF cannot be used to acquire finance. This is only available to SMSF’s on the initial purchase of the land. If the land is going to be sub divided and sold individually this option is not available.

Where the SMSF has insufficient cash to develop the property, the SMSF can enter into an agreement to provide the land to a developer who then provides the funding for the development.

The developer will then receive a percentage of the profits of the overall development. As the developer will not be receiving regular cash instalments, you may only be able to get a related party to develop the property.

If this is the case you must ensure that the terms and conditions of the arrangement are on a commercial basis and the development costs are at market value.

The ATO do review these arrangements to ensure that extra profits are not being diverted to the SMSF. The property held by the SMSF cannot be used as security against any borrowings by the related party builder.

You need to make sure that the development is “business real property” to avoid any in-house asset breaches.

This will mean the land must be wholly and exclusively used in a business and the development agreement must be a legally binding contract.

Option 2 Acquire the property and fund the development through the SMSF This option is the most favorable. However it does require a lot of capital within the SMSF. The fund can obtain further funding through member contributions (concessional and non concessional). However you must ensure you keep within your contribution limits.

For further information contact Michael O’Hehir, T: 6247 5988 E: michael.ohehir@rsmi.com.au W: www.rsmi.com.au B 2 b I n C anb e rr A J A N U A R Y 2 0 12

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VOX POLI

VOX POLI

O Katy Gallagher

ACT Chief Minister

Can our politicians sell Canberra as the destination for international students?

You decide.

I

Zed Seselja

ACT Opposition Leader

Why should international students choose Canberra as a place to study in 2012?

Parliamentary Leader ACT Greens J A N U A R Y 2 0 12

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was lucky enough to study at the Australian National University (ANU).

For international students looking for a University with a good reputation, excellent teaching and substantial world standing, there are few places as highly regarded as the ANU. It is renowned for its research focus and has a wide range of courses which cater for and are very popular with international students.

The ANU also has an International Student Services program which provides support and advice to international students.

The University of Canberra (UC) is also an excellent choice for international

C

Meredith Hunter

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ur home of Canberra - a safe, multicultural and modern city - boasts not only some of the best educational facilities in Australia, but as the national capital, the city remains an appealing place for international students to live and study.

The ACT community enjoys an education system that has a worldwide reputation for excellence and we remain committed to ensuring our education system is leading the way in preparing young people for the opportunities and challenges of life in the 21st century. It is through this commitment that our attraction to students from outside the ACT to study here continues to grow.

anberra is a great place to live, work and study! Having lived in Canberra all my life, and having studied at our great universities myself, I believe Canberra has a lot to offer.

As the Nation’s Capital, we are home to Government and national institutions, but our city has also become an educational hub which proudly punches above its weight with schools and universities of international repute.

Canberra has also grown into a knowledge and learning capital. We are a city with a long history as a place of

VOX POLI

In our two university town, the Australian National University (ANU) is regularly ranked as the country’s best university and among the top 20 in the world. The University of Canberra whose graduates are among the nation’s most employable and best paid, continue to be a huge drawcard to those considering studying in Australia.

Fantastic educational opportunities are not only about university education. The ACT vocational education and training sector through our premier public provider, the Canberra Institute of Technology, along with other private providers is consistently the highest performing in the country across a range of indicators and targets.

Well known for our tertiary offering, the ACT has also built its reputation for high quality high school and college education. The students who come here for secondary education are increasingly staying on to complete their tertiary studies.

In 2011, 74 per cent of year 12 international student graduates remained in the ACT to continue studying at CIT, UC and ANU. This is in part due to our unique college system which delivers some of

the highest retention rates in Australia along with fantastic academic results. The appeal of our college system which offers a diverse range of courses, with many highly specialised areas for pupils, means students are well equipped to move seamlessly from school to further education, skills training or work.

A successful international education program is not a one way street. International students are important for our city too bringing with them a range of backgrounds and experiences which enrich our community as a whole. International students are not only ambassadors for their home countries, they become ambassadors for our community, building and strengthening the cultural life of the city and the relationships between Canberra and the rest of the world.

The ACT Government has a vision of providing the best tertiary education system of any city in the world, linking lifelong learning with research and innovation to create a learning capital, serving our region, as well as students across Australia and from around the globe.

Working together we can fulfil this vision.

students and provides work integrated learning, giving graduates a smooth transition to employment. Teaching staff work collaboratively with local employers to ensure students get firsthand experience in their chosen field.

UC also provides an International Student Support Service similar to that of ANU. Canberra’s Australian Catholic University (ACU) provides leading degrees in the fields of education, nursing and exercise science. They also have an unusually low staff to student ratio, leading to improved communication between the lecturers and students.

ACU also provides International Student Advisers to help international students get the most out of their university experience.

As well as excellent unviersities, Canberra offers international students a true taste of Australia, with mountanous landscapes and native wildlife. Its convenient location also provides easy access to the South Coast, Sydney, and snow fields.

As the National Capital, Canberra is also home to many national institutions including the National Gallery, National Museum, the Australian National Botanic Gardens and the National Portrait Gallery.

All students also have access to the largest Library in Australia – the National Library.

International Students can also explore Australia’s history by visiting the Australian War Memorial and both old and new Parliament House.

All these institutions have free admission, and many have regular free tours as well.

International students can feel at home in Canberra knowing they will find good education, interesting history and new friends who understand their culture.

Canberra is a city which understands the value of education and its diverse population, excellent learning facilities, tourist attractions and convenient geographical location makes it an ideal place for international students to study.

academic learning, boasting a fantastic range of leaders in education such as the ANU, University of Canberra, and the Australian Catholic University. We have a dynamic CIT, offering world-class hospitality courses amongst others, and are home to great research centres for agencies such as CSIRO, the Mount Stromlo Observatory, John Curtin Medical Research School, as well as a growing aeronautics and aerospace industry.

Our academic achievements for a city the size of Canberra are truly phenomenal, as seen recently with the recognition of the work of the ANU’s Professor Brian Schmidt in the form of a Nobel Prize for physics.

The Greens celebrate cultural diversity, along with valuing learning and academic achievement. Our city is welcoming to all people and International students are a vital part of Canberra’s fabric and personality. While education to international students is the second

largest source of ACT’s export income, there are many other less tangible contributions, which speak to a multicultural society, and one that is inclusive of all, and open and ready to learn from every one.

The ACT has an ambitious 40% carbon reduction target, and this combined with our research and educational institutions, we’re well placed to become a centre for excellence for the nation in tackling climate change. As we transition to a more environmentally sustainable future, we can offer international students an opportunity to be part of the cutting edge innovations that will create new technologies and jobs in the growing green economy. The Bush Capital also provides all visitors and students a chance to experience a city that values sustainability, conservation and our urban and natural environments.

Canberra offers the unique combination of world class institutions in a small but vibrant, safe and inclusive, green and progressive city.

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F E AT U R E

AWARD WINNERS SHOW ACT IS A GREAT PLACE FOR NEW BUSINESSES

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he winners and finalists of the recent Canberra BusinessPoint* Awards demonstrate that the ACT is an excellent incubator for successful small businesses.

“Awards were announced in six categories which recognise the diversity of start-ups and existing firms in the ACT,” Canberra Business Council CEO, Chris Faulks said. “Winners were chosen in recognition of their innovation, effective business planning and future potential.”

“Canberra BusinessPoint had over 800

enterprises come to it for assistance or advice this year and each of those were in the running to take out one of the awards.

It was very difficult to choose finalists and winners from such a strong field,” Lighthouse Business Innovation Centre CEO, Anna Pino said.

“The awards not only reflect the success of each of the winners and finalists but the high-quality assistance being provided to new and growing businesses

by Canberra BusinessPoint in areas such as strategic planning, IT and finance.”

Ms Faulks added, “It is great to see so many people seek advice and training from Canberra BusinessPoint to ensure they give their businesses the best chance for success. I commend all the winners and finalists.” *Canberra BusinessPoint is an ACT Government program which provides practical advice and support to businesses in the ACT. It is delivered by Canberra Business Council and Lighthouse Business Innovation Centre

F E AT U R E

Winners and Finalists | 2011 WEB AND MOBILE Winner myinfoQ | www.myinfoq.com Dugald Homes is the co-founder and co-owner of myinfoQ. “myinfoQ allows all of us leading busy lives to keep track of everything that interests us. Using SMS, Twitter, Facebook or our mobile app you can keep track of anything of interest, including products and brands, movies to see, books to read or a property for sale and all relevant information is delivered instantly to you.”

CREATIVE AND DESIGN Winner Canberra Academy of Dramatic Art | www.cada.net.au Elizabeth and James Scott are the founders and owners of Canberra Academy of Dramatic Art (CADA). CADA is Canberra’s leading drama school, providing innovative training in drama and communication skills for children aged 4 through to adults.

Finalists Sigma Bravo www.sigmabravo.com.au Gum Tree Homes www.gumtreehomes.com.au

Finalist Seona McDonald SeonaMargaretDesigns www.facebook.com/ SeonaMargaretDesigns

CLEAN AND GREEN Winner Envirolove | envirolove.com.au

Finalists My Adelina Cleaning Services myadelinacleaningservices.com.au

Jahne Meyer and Vikram Sunkara are the founders and owners of Envirolove. Jahne said, “Since I started this work, I do not go past a single bin without wondering - how much is in there that can be recycled”. Envirolove is a business built for the purpose of empowering people in their environmental contribution.

Quiet Rush www.quietrush.com.au

BRICKS AND MORTAR Winner Mighty Mount

Finalists Organic & Eco www.organicandeco.com.au

Stephen Holgate is the founder and owner of Mighty Mount.

“My idea was born out of sheer frustration whilst I was working on some home improvements. When I found myself asking ‘why hasn’t anyone produced a simple mounting system to make this job easier?’ I produced a simple prototype and the business was born. “

Shade4Hire www.shade4hire.com

MICRO-ENTERPRISE Winner Alice Be Curious | www.alicebecurious.com

Finalists Learning Adventures www.learningadventures.com.au

Daniella Jukic is the founder and owner of Alice Be Curious, a women’s clothing boutique in New Acton that sells unique shoes, clothes and accessories. “The women of Canberra no longer need to travel to Sydney or Melbourne to find that statement piece.

Players Football Club www.playersfc.wordpress.com

HIGH GROWTH Winner Contractor Compliance Australia | www. contractorcompliance.com.au

Finalists Easycare Landscapes www.easycare.com.au

Anne O’Connor is the founder and owner of Contractor Compliance Australia Pty Ltd, with Head Office based in Fyshwick and satellite offices in Sydney, Melbourne and Brisbane. The business has been operating for 19 months since April 2010 and already has approximately 180+ clients in the Canberra and surrounding regions.

Deeks Health Foods www.deeks.com.au

COVER STORY

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1st Floor, 103-105 Northbourne Avenue Canberra ACT 2601 T (02) 6247 5988 F (02) 6247 3703 www.rsmi.com.au

49/2 Bradfield St Downer, Canberra 2617 T (02) 6285 5502 www.pixeltopaper.com.au

photos by Andrew Sikorski

CANBERRA�S�YOUNG�PROFESSIONALS

COVER STORY

Level 3 Engineering House 11 National Circuit Barton ACT 2600 T 61 2 6285 1310 F 61 2 6215 8450 www.kazarslaven.com.au

COVER STORY

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hy do you do what you do? I do what I do because I want people and their businesses to reach their full potential. Good design skills and creative solutions help promote a business and add to its success. A lot can be done through the use of good design to properly present a business’s image, including what it is, why it is unique and what it can do for you.

How are you making an impact at pixel to paper?

Our work is really about our clients and not about us. Our main focus is to help our clients achieve something and improve the face of their business. I work really hard to accomplish that.

I also have a balanced lifestyle which I think is very important and one of the keys to success. When I am at work, I am at work and very focused. When I am at home or down the coast, I relax and unwind, making the most of that time with family and friends.

What inspires you?

In terms of design, I get a lot of inspiration from music, art and people.

When I am designing concepts, I always listen to music. Positive feedback from clients always generates motivation and the drive to continue to produce great work for clients.

What is your favorite place in the world and why?

My family has a beach house

at the south coast and I try to get down there as much as I can. It is a beautiful place to slow down and relax. I also love Melbourne because of the café culture, great coffee and great food. Some of the alley ways are amazing with incredible street art.

When you were a child what did you want to be when you grew up?

I was going to be the next Michael Jordan. When I was in primary school, I had the Michael Jordan shoes, the Chicago Bulls hat and the Chicago Bulls t-shirt and shorts. I was set to play in the NBA. Those where very exciting times.

Needless to say that did not happen.

What are your professional and personal strengths?

I listen to my clients. In this industry it is very important to get a good idea of what a clients business is, what they want to achieve and where they see themselves in the future. We guide our client’s creative decisions, we don’t make them.

JON� SHIRLEY

Graphic Designer Pixel to Paper

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RHYS KYBURZ Chartered Accountant RSM Bird Cameron

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hys is constantly trying to break the accountant stereotype by proving that he has a personality, although in the interests of full disclosure we should note that he does have a penchant for saving a dollar, as evidenced by his recent haircut courtesy of the graduating class of the CIT hairdressing school.

Rhys is proud to be a born and bred Canberran. He has worked with RSM Bird Cameron for over 11 years and has seen huge changes during his working career, working through the introduction of GST at the start of his career, seeing the explosion in prices in the Canberra property market, and the rise and fall in popularity of the pink shirt.

Professionally, Rhys’s goal is to work with his clients to help them grow their business and achieve their goals. Providing fast and efficient service and tailored solutions to his clients, Rhys is able to get his clients results.

Andrew Sykes, Director of RSM Bird Cameron, is Rhys’s boss. Andrew understands how important it is to have an accountant like Rhys who enjoys working for, and with, his clients. Rhys’s fervour for tax law is matched only by his love of having a chat. You’ll always catch him around the water cooler, and by

COVER STORY

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water cooler we mean diet coke machine, (although if it’s after work hours you’ll have better luck looking for Rhys at any establishment that sells either beer or fast food). “Rhys revels in talking and interacting with others which is a characteristic that has driven his success over the years” Andrew says.

Rhys’s enthusiasm for hard work also extends to his dream to be a competitor on The Block, refining his DIY skills by renovating his home in his spare time. “You know Rhys has been busy on the weekends these past few months, constantly coming into work with specks of paint on his glasses and hair” says Andrew. “We encourage our staff to follow their passion and support them in any way we can”.

In addition to embracing the challenges that come with accounting and tax law, Rhys is gearing up for a whole new set of obstacles as he is about to become a father for the first time this month. Apart from trying to get as much sleep as he can, Rhys boasts he has been practising his bad jokes with every opportunity he gets, as “life is about to change....for the better”.

ichael Lawless completed a Bachelor of Commerce at the University of Canberra and joined KazarSlaven in 2010. With no previous work experience in the industry, KazarSlaven provided a welcoming and challenging environment.

Michael identifies a major advantage of working in a relatively small firm as being the range of activities that cross his desk. He has worked on a range of appointments, including bankruptcies, creditors voluntary liquidations and more complex voluntary administrations – where, for a period of time, KazarSlaven runs the company in order to determine its future.

Working in insolvency has significantly improved Michaels communication skills. These skills have been sharpened through activities such as meeting with a company’s director to discuss the reasons behind the failure of a company, discussing the possibility of a dividend to a class of creditors, or talking to former employees of an insolvent company regarding their outstanding entitlements.

Michael is currently enrolled in The Chartered Accountants Program and expects to complete it by early 2013.

He appreciates the recognition by KazarSlaven of the extra stress involved in completing the course. He is especially grateful for the support and study leave to help ease the pressure. There are plenty of professional development opportunities available and Michael recently attended a course on alternative dispute resolution, which involved attempting to resolve a wide range of disputes without resorting to litigation.

Some of the extracurricular activities Michael has been involved in with KazarSlaven include; the City to Surf, the Canberra Times Fun Run and the DonateLife Walk. Staff also regularly give

blood and actively support the Gift of Life Foundation. These extra activities allow for a closer and more supportive working environment, which fosters the development of its employees on a broader level.

Michael is a keen sportsman and has been lucky enough to play in back to back premierships with the Ainslie Football Club since starting full time work in 2010. KazarSlaven is very supportive of all employees sporting endeavours, with most of the office attending his last two grand finals. He has been lucky to work in a firm that affords him the luxury of flexible working hours to fit around interstate footy trips.

KazarSlaven also provides a number of benefits to employees, including gym membership, registering a team in the local AFL 9’s competition, and the use of road bikes for the occasional ride around the lake.

Michael thoroughly enjoys his work at KazarSlaven. He is constantly provided with opportunities to further his knowledge in the area of insolvency, whilst enjoying a balance of work and extracurricular activities.

He is certainly a young man on the move and is already a high achiever in the accounting and insolvency profession.

MICHAEL LAWLESS Accountant KazarSlaven

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hy do you do what you do? For me it all started with making home movies of myself and my friends. At the time I was working as a Manager of a bar and I didn’t enjoy the hours and saw no future in it. So I enrolled in CIT and studied Digital Media.

I found I really enjoyed the nerdy coding side of things.

How are you making an impact at pixel to paper?

I have a lot of knowledge and experience with HTML, JavaScript, PHP and CSS. When needed I can pump out a great design for a website. I am horrible at tracking my time, which ends up being a bonus for clients as they often get my incredible abilities for free (but don’t tell Jon).

What inspires you?

I get inspired by great product or great design. I love what I do and get particularly inspired when I see an idea turn into an end product at retail. I also spend a lot of time looking at industry blogs and speaking with people who love what

they do. When a client tells me they love the final product, I am motivated to create something even better for our next client.

What is your favorite place in the world and why?

Dad’s Farm in Merriangah, which is funny because I used to hate going there while he was building his house.

Maybe because we had to move 10,000 bricks from one place to another and dig post holes through rock, while trying to avoid all the snakes. It is really remote and you have no idea on what is going on in the world.

When you were a child what did you want to be when you grew up?

An Olympic sprinter. I used to go for a run every day in preparation for my obvious Olympic selection. I called myself Roddy Rocket and would race anyone who was willing.

What are your professional and personal strengths?

I love pulling things apart and putting things back together again. I am really curious and need to know how everything works or how something was created. I pretty much taught myself HTML and CSS from reading books. I am very determined if I put my mind to something and make sure I complete any tasks I have set for myself.

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RODDY BOYD Web Developer Pixel to Paper

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am Beaumont had an interesting start to life. Born in Brazil and adopted at the age of two months, he thrives on the challenges of insolvency work. He enjoys investigating companies and the wide range of work that insolvency encompasses.

“It’s not the traditional form of accounting” he says and has an eye on developing his skills and talents to be a liquidator.

He was originally home schooled and then attended Canberra High and finally Lake Ginninderra College before enrolling in the Bachelor of Commerce at the University of Canberra. He completed his degree in banking, finance and accounting in 2010, graduating this year.

He is currently completing the Institute of Chartered Accountants Program. He has worked at KazarSlaven for just over a year and relishes his role as an important part of the team.

Sam is proof that there needs to be a balance in life. He enjoys riding motor bikes and has played rugby union for Wests for about 10 years, in the front row. “KazarSlaven is a terrific place to work because there are extra curricular activities that the whole team

CONTENTS

SAMUEL� BEAUMONT Accountant KazarSlaven

can be involved in.” He loved the training for the City to Surf, which was run in Sydney in August. While he did not enjoy the hard yards of Heartbreak Hill, nevertheless it was a good target for fitness and a thoroughly enjoyable weekend.

As a rugby bloke, the challenge of participating in the AFL 9s after work pushes the boundaries a little. The team had a good run and has a couple of wins under its belt.

There are other activities supporting local charities that he regards as integral to being part of corporate Canberra. He is also a keen supporter of raising organ donation awareness.

He has visited Brazil once since his adoption and loves the country. But home is Canberra and he has had many opportunities that he also appreciates. In world cup parlance, Sam would support Australia against Brazil on every occasion!

Watch out for this young man: he has succeeded in everything he has set his mind to so far and his forensic approach suggests that he will go a long way in the insolvency and accounting profession.

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fter graduating from ANU with 1st class honours in accounting, Billy has worked in both commerce and public practice. He also finished his CA a couple of years ago with three merits. Now a manager at RSM’s business solutions division, Billy is the “go-to” guy for his Canberra SME clients.

Billy is hands-on and always happy to sit down with clients to go through “the numbers”. He is always available when needed and prides himself on identifying innovative solutions for his clients.

Taxation and accounting matters can be very technical but Billy takes a common sense approach in problem solving and focuses on results when delivering his services to clients.

Outside of work, Billy’s biggest passion is fishing. “I’m done with bait fishing after I pulled a 6.5 kilo carp out of Gungahlin Pond not long ago. Fishing with artificial lures is much more fun.

Unlike hunting it not only requires precision and persistence but also relies on the cooperative efforts from the counterparty. You never know exactly when the fish is going to bite. In this game the prey is also the predator and makes his own mind whether, when and how he

BILLY KANG Chartered Accountant RSM Bird Cameron

is going to approach the lure. You’ve got to observe and understand the behavior of your target species, choose the right time, right spot, right lure, right retrieve technique and strike hard when there is a solid bite.” Like fishing Billy understands clients’ needs and strikes very hard to get them their desired results. He is a good listener at meetings and is always prepared to tailor his services to meet the client’s particular needs.

Although Billy often practices catch & release when fishing, he is not so much an environmentalist. “I’m more interested in the tax concessions that were offered as a bundle with the carbon tax than the tax itself.”

Billy sees increased tax planning opportunities with these tax concessions in place, especially the proposed changes in depreciation rules for small businesses.

“Tax savings can be substantial if you are looking at expanding your business, buying fixed assets, or even just thinking about a new car, but you’ll have to pick the right timing. I recommend business owners speak to their accountants in the next few months leading to June to find out what’s eligible and make sure they catch the benefits.”

Connect-ability.

As a client of RSM Bird Cameron, you have every right to expect nothing but the best. By offering direct, seamless connections to our partners and senior advisors, this is precisely what we deliver. Our one-ďŹ rm national structure not only delivers exceptional results and value for money – it also enables us to provide a senior level of client service second to none.

Connected for Success.

www.rsmi.com.au Assurance l Business Advisory l Corporate Finance l Risk Advisory l Tax l Turnaround and Insolvency

ADVICE 22 22

ACCOUNTING

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BUSINESS LAW

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BUSINESS RELOCATIONS

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BUSINESS SERVICES

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CORPORATE GOVERNANCE

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WEBSITES

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INTELLECTUAL PROPERTY

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TALENT SERVICES

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ESTATE PLANNING

Funding the super shortfall

by Lindsay Walker, RSM Bird Cameron Financial Services Pty Limited

MARKETING Quality always shines through

By Mary Curran, Brandnet

Duty of care: taking care of invitees

by Craig Painter, Elringtons Lawyers

Project management

By Gary Green, Allied Pickfords Business Relocations

When you don’t own what you think you do…

By Tony Lane, Kazar Slaven

500+ directors surveyed in biannual AICD survey

By Phil Butler, Australian Institute of Company Directors

From touch screens to FEEL screens

By Sam Gupta, Synapse Worldwide

Unfair contract terms and the Competition & Consumer Act 2010

By Shaun Creighton, Chamberlains

How talented does Canberra need to be?

By Keith Cantlie, Cantlie

What is better – a lump sum or a pension?

By Stephen Bourke, Certus Law

ACCOUNTING

by Lindsay Walker

MARKETING

Funding the super shortfall

With the continuing changes to superannuation such as the reduced concessional contribution limits from July of next year, it does pose the question ‘How are people going to fund their retirement?’ Limiting tax deductible or concessional contributions to $25,000 per annum into superannuation has implications for everybody and this means funding super needs to commence in earnest earlier.

For example: let’s look at a mid 40s couple who are balanced investors and who wish to retire at 60 on an income of $50,000 per year.

They currently have joint super balances of $120,000 and a joint income of $110,000 pa. For them to achieve this income in retirement, assuming net returns of 6% per annum, they would need to make contributions in addition to their SG, of $20,590 per year indexed to inflation. This could provide them with a combined super fund value of $1,652,000 at age 60 to meet their retirement objectives.

With the continuing changes to superannuation ... it does pose the question ‘How are people going to fund their retirement?’

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by Mary Curran

Quality always shines through

As consumers which experiences do we never forget? The bad ones - of course! But are we prepared to pay for quality to guarantee a good experience? These days everyone is rushing off to China to 'source direct' presumably in pursuit of big savings. When they get there they are being asked by the factories 'Japanese quality, American quality or Australian quality?' What does this all mean? Isn't it all about price? Well, not anymore. Some of us have wised up; including the Chinese factories who now know it's the quality that always shines through.

So take care when planning your promotional strategy, maybe steal a few dollars from the TV advertising budget and go for something of greater quality as nothing says 'warning - don't deal with these people' faster than a poor quality product with your logo on it!

Meanwhile, for an early 50’s couple the challenge is greater. The limits have certainly hamstrung them, the plan to drop in large amounts later in life has effectively been withdrawn and they have some planning to do in order to retire at age 60 on a lifestyle income of $50,000 per year.

For example, if their joint annual income is $155,000 pa and their joint super balance is $350,000 and they are balanced investors. For them to achieve their desired income in retirement, assuming net returns of 6% per annum, they would need to make combined super contributions of $26,850 per year, indexed to inflation. This could provide them with a combined super fund value of $1,213,000 at age 60 to commence their retirement.

The challenge that exists for both couples is that without other tax effective strategies, the lower concessional contribution limits means more after tax contributions will need to be made which means more personal income tax may be paid to make those contributions. For those much younger, the lower limits for contributing to super through regular concessional contributions over the longer period may still be a viable option (to accumulate sufficient wealth in superannuation). However for those in their 40s and 50s the implications of the lower limits is more tax payable and lower prospective super balances at retirement, this means either a reduced income in retirement, a longer working life, or both.

General Advice Warning: This information is general advice and is provided without taking into account any individual’s particular objectives, financial situation, or needs.

Sure, good quality comes at a price, be it time taken as extra care, better raw materials or industry accreditation . But let's face it; we all want a good experience for our clients. We'd like them to be dining out on their positive experience with our business or organisation rather than a negative one. It will not only assist our bottom line to grow, it will help us all sleep better at night too.

A friend told me a story of how Apple contacted them recently, as the iPod Nano they had originally bought in 2005, might have an overheating battery problem. The iPod was obviously out of warranty, which didn't phase Apple who replaced it with a brand new one. Wow! I don't think my friend will ever leave Apple.Conversely most of us can relate to taking our little ones off to the shops to spend their prized birthday money on some plastic extravaganza, only to get it home and it breaks within the first hour. Maybe you were the little one.

We want our impressions with our target audiences to be great ones and to last. Choosing items that are useful and of high quality will speak volumes about our corporate philosophy and what we think of our clients. Incorporating a green product will enhance our message as one of quality and responsibility. Backing up our offerings with appropriate after sales service and support goes a long way to creating a quality experience too. Sometimes it's as simple as just keeping in touch.

So take care when planning your promotional strategy, maybe steal a few dollars from the TV advertising budget and go for something of greater quality as nothing says 'warning - don't deal with these people' faster than a poor quality product with your logo on it!

After all we do have a choice.

Lindsay Walker is a Certified Financial Planner RSM Bird Cameron Financial Services Pty Limited Level 1, 103-105 Northbourne Ave T: 6247 5988 E: Lindsay.walker@rsmi.com.au W: www.rsmi.com.au

Mary Curran is the business & brand manager at Brandnet.

P 02 6123 2990 F 02 6280 9966 W www.brandnet.com.au E mary.curran@brandnet.com.au

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BUSINESS LAW

Duty of care: taking care of invitees As a property owner/occupier, lessor or lessee, whether it be public or private, open land or closed building, you have a duty to all invitees onto your property.

As a property owner/occupier, lessor or lessee, whether it be public or private, open land or closed building, you have a duty to all invitees onto your property. It is a responsibility that cannot be delegated and is more than an obligation to take care; it is a duty to ensure that reasonable care is taken.

crane. The court held that, as Mr Kondis’ employer, the State Transport Authority owed him a duty to take reasonable care for his safety whilst at work even when the Transport Authority had delegated the task to an independent contractor.

However, the duty is not open ended. In the recent English case

An owner/occupier has a responsibility to take reasonable care of the invitee as well as those under their control or supervision, and the responsibility for the safety of invitees is a responsibility that cannot be delegated to another. This duty is owed by business owners who “invite” customers onto their premises, and also by employers to employees.

This non-delegable duty can occur in a number of different circumstances and is best illustrated by way of example. Take the leading Australian case of Commonwealth v Introvigne, a school boy was injured whilst swinging from the halyard on a flagpole in the quadrangle before school. On a typical school morning, several teachers would supervise the playground. However, on this occasion only one staff member was supervising the 900-odd students. The court held that the supervision was inadequate, and stated that a school authority has a duty to ensure that reasonable care is taken of its pupils whilst they are on the school premises during hours when the school is open. To put it another way, if you invite people onto your property, you have an obligation to ensure their safety.

Similarly, in Kondis v State Transport Authority (Victoria) Mr Kondis, an employee of the Transport Authority, brought an action after he suffered an injury whilst assisting an independent contractor to erect a

by Craig Painter

Craig Painter is partner at Elringtons in litigation services Contact Elringtons T: (02) 6206 1300, Level 7, 221 London Circuit, Canberra City visit: elringtons.com.au

Woodland v The Swimming Teachers Association & Ors, a 10 yearold girl was injured taking part in a swimming lesson, organised by her school, at the local council pool. The lesson was being supervised by a swimming teacher and a lifeguard: both were not employed by the school. The court held that the school was not liable in these circumstances because the school had entrusted the girl to a reasonably and carefully chosen lifeguard: the school had fulfilled the duty it owed to the girl.

An owner/occupier has a responsibility to take reasonable care of the invitee as well as those under their control or supervision, and the responsibility for the safety of invitees is a responsibility that cannot be delegated to another. This duty is owed by business owners who “invite” customers onto their premises, and also by employers to employees.

To learn more about your rights and responsibilities, please contact Craig Painter.

VISI TOR

BUSINESS RELOCATIONS

by Gary Green

Project management

Relocating your business? Don’t know where to start?

Let our experienced Project Managers carry the load The planning and project management are the most important aspects of a successful commercial relocation. Allied Pickfords team of highly skilled and dedicated relocation Project Managers can help guide you through the daunting task of relocating your organisation.

At the time of accepting your quotation to relocate with Allied Pickfords Business Relocations a Project Manager is appointed to your relocation; contact with the appropriate client representative is made; an initial meeting scheduled and the process begins. Following are the stages involved in the planning of your relocation.

Develop Relocation Plan and Strategy • Manage Project setup • Engage with each department unit to ensure operational considerations have been factored into the move strategy.

• Establish move structure with key stakeholders/move champions.

• Identify strategic constraints/specialist requirements.

• Consult with business units to determine the number of moves.

• Identify items to be relocated, assist with the marking up of seating locations on floor plans and prepare the labeling process.

• Manage discussions with relevant Department Managers/ move champions to establish access/ egress and timing.

• Liaise with the relevant IT Managers to establish a procedure for the relocation of computers and IT Infrastructure.

• Present the final move plan to the client for approval and sign off.

Move Preparation • Establish and implement communication plan for staff.

• Identification and briefing of move champions/ key stakeholders.

• Move preparation monitoring and reporting.

• Co-ordinate egress/access with building managers and security.

• Amend the relocation plan where required.

• Project meetings with site protection plans and dilapidation reports.

• Develop and contingency strategy which the client may require.

• Confirm Allied Pickfords relocation staff and specialist contractors.

Move Management • Final briefing with Department Managers/ move champions.

• Undertake site inductions and tool box talks with the Allied Pickfords relocation crew.

• Install site protection as per the site protection plan.

• Onsite monitoring during the relocation process.

• Post relocation site inspections and assistance as required.

• Provide removalist debrief to Allied Pickfords crews and Supervisors.

• Prepare relocation report for the client.

• Final debrief of post relocation report with the client.

If you are unsure of where to begin please do not hesitate to call Allied Pickfords and let us carry the load.

Gary Green can be contacted at Allied Pickfords Business Relocations on 0423806702. visit: www.alliedpickfords.com.au

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BUSINESS SERVICES

By Tony Lane

When you don’t own what you think you do…

The body of law surrounding trading in goods, including conditional sale agreements, in our experience is often misunderstood and misapplied.

This is especially apparent in an event of insolvency, particularly where payment for some of the company’s goods remains outstanding.

In insolvency scenarios, it is almost always the case that suppliers of unpaid goods will seek to reclaim those goods under what is commonly termed a retention of title (“ROT”) clause. Recently, we have been successful in setting aside suppliers’ claims in three matters where such terms were found to be ineffective.

In case one, claims were made by local suppliers to recover goods

As the Personal Property Securities Act 2009 implementation date draws closer, now is the time to review your terms of trade to protect what you own, and what you think you own. supplied to a furniture retailer. The claims asserted that goods were supplied subject to an ongoing relationship between the supplier and the retailer and that the terms were ‘understood’ between them. Crucially, the supplier had not bound the retailer to any contractual terms of trade, and their invoices did not contain any terms that could be interpreted to give effect to ROT. The ‘hand shake’ arrangement between the supplier and the retailer failed to protect the supplier.

In case two, a supplier of equipment contracted with a group of individuals, recorded on the supply agreement as trading together under a registered business name. Later, when the company (of whom those individuals were directors) became insolvent, the supplier sought to exercise ROT over the goods in the administrator’s possession. Once again, the claim was unsuccessful as there was no contractual relationship that existed between the company and the supplier.

In the final case, ROT claims by a made by a franchisor against an insolvent franchisee were found to be ineffective. The franchisee had received goods from overseas third party suppliers, for which it had not paid. The franchise agreement purported to set out the terms of trade between the franchisee and the franchisor, the latter having supply agreements with those overseas suppliers. Critical in this matter was the lack of any contract between the franchisee and the suppliers directly, the lack of any specific provisions in the franchise agreement providing the franchisor with rights on behalf of the overseas suppliers, and the absence of registered charges by the franchisor over the franchisee’s goods.

As the Personal Property Securities Act 2009 implementation date draws closer, now is the time to review your terms of trade to protect what you own, and what you think you own.

Tony Lane is a senior manager at Kazar Slaven and provides advice to clients in the areas of insolvency, business risk and financial conflict and dispute resolution.

For more information, contact Kazar Slaven, Level 3, 11 National Circuit, Barton.

T: 6215 8405 F: 6215 8450 E: admin@kazarslaven.com.au W: www.kazarslaven.com.au

WORKPLACE GIVING It’s as easy as 1 – 2 – 3...

1...Ask your employer to enter into a Workplace Giving Program 2...Nominate RSPCA ACT as your preferred charity 3...Inform your employer that you wish to make a regular pre tax donation each pay cycle.

It really is that simple.

Workplace Giving results in regular, reliable income and makes a REAL and LASTING impact on RSPCA ACT and the work we do.

It ensures vital services and programs continue.

Australian workers, helping all local creatures great and small – every payday.

RSPCA ACT | 12 Kirkpatrick street Weston ACT 2611 | www.rspca-act.org.au | rspca@rspca-act.org.au

CORPORATE GOVERNANCE

by Phil Butler

500+ directors surveyed in biannual AICD survey

The Australian Institute of Company Directors recently released its Directors Sentiment Index, which is a biannual survey of company directors. The key outcome from the survey is that business is expecting a difficult year ahead reflecting a pessimistic mood permeating Australian business.

The survey was conducted with more than 500 Australian directors, senior executives and managers of medium to large private, public and Not-For-Profit sector organisations. It canvasses directors’ views on current and future economic and business conditions, as well as key regulatory, governance and public policy issues and weights their responses to obtain an overall indication of director sentiment.

There are a number of key issues raised by respondents to the survey, and most certainly there is a consistent message on the need for reduction of red tape. Over- regulation across Australia is viewed as

The key outcome from the survey is that business is expecting a difficult year ahead reflecting a pessimistic mood permeating Australian business. hindering productivity and reducing the willingness of directors to serve on boards.

Another key message was that there was an expectation of tough economic conditions, and in particular a concern over the availability of credit over the next 12 months. Given that the survey was taken prior to the most recent credit problems in the Eurozone, these concerns may now be even higher.

A recent edition of the Company Director magazine focused on the issue of working capital and the increased focus on the effective management of working capital by boards. While return on investment and other profit measures are critically important, it was apparent that more boards are having a strong focus on cash flow and paying critical attention to the forecasts provided by management. Similarly, lenders are having an increased focus on how well an organisation can cover the cost of borrowings.

The other key concern expressed across all sectors was surrounding business growth. Business growth weakened for many in January to June 2011 and there was decreased optimism about the coming year. Forty one per cent of directors claimed that the growth of their business weakened in the last 6 months. Following on from this was the fact that fewer directors were concerned about skills shortages in the coming year.

The upshot for business and directors is to ensure that they are prudent in managing the affairs of the organisation and to build in sufficient buffers to save them if their forecasts are not quite accurate.

Phil Butler is state manager of the Australian Institute of Company Directors’ ACT Division. For more information about AICD ‘s course programs and events, T: 02 6248 5954.

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WEBSITES

by Sam Gupta

From touch screens to FEEL screens

Amazing new technology! The screen quality of TVs, computers and mobile devices has improved a lot in the last few years.

We moved from 2D to 3D technology and it is still catching on to the wave.

The animation and gaming technology has improved a lot lately and the virtual world offers much more than ever before when it comes to digital communication.

This new Senseg technology creates a responsive surface on the screen which in turn sends the sensation back to the fingers.

So when you move your hand or fingers on the screen, you will feel the virtual texture under your fingers.

But that’s not it. There is a new technology in the market called Senseg technology that allows you to feel various textures on your screen.

This new Senseg technology creates a responsive surface on the screen which in turn sends the sensation back to the fingers. So when you move your hand or fingers on the screen, you will feel the virtual texture under your fingers.

What an amazing invention! Just imagine the possibilities! From video games and virtual realities to supporting vision impaired people, sky is the limit when it comes to applicability.

Imagine a virtual zoo or touching the surface of the moon. Or, it could simply be used as a virtual keyboard or feeling the page of an ebook as you turn it.

As the technology grows along with the 3D and other screen technologies, we may see a rise in virtual rooms where you could walk through a rainforest barefoot.

In terms of business, such a technology will be very helpful in the online shopping. Many a times we prefer going to shops because you can touch and feel the products there.

How about feeling the texture of a shirt you may be looking at before buying online? How about sending virtual flowers to your loved ones that they can touch and feel? These are exciting times and the possibilities are endless.

This should become available in the next 18 to 24 months according to Senseg. Let’s wait and feel where it takes us.

To find out more about this technology, visit www.senseg.com. Let me know your thoughts on it. Give me a call on 1300 785 230 or send an email to admin@synapseworldwide.com. Have a great day!

Sam Gupta is the managing director of Synapse Worldwide. Sam would love to hear your thoughts on this advice column.

Please contact him on 1300 785 230 or admin@synapseworldwide.com

MERRY CHRISTMAS TO THE CANBERRA BUSINESS COMMUNITY FROM B2B

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INTELLECTUAL PROPERTY

by Shaun Creighton

28

Unfair contract terms and the Competition & Consumer Act 2010

TALENT SERVICES

by Keith Cantlie

How talented does Canberra need to be?

Introduction Starting on 1 July 2010, the unfair contract terms provisions (UCTP) of the Competition and Consumer Act 2010 (Cth) (CCA) came into effect. Under this new national scheme (inspired by previous Victorian Fair Trading legislation) set out in Schedule 2 of the CCA (the Australian Consumer Law or ACL), the UCTP cover any “consumer contract” where the terms are “unfair” and the contract is a “standard form”. Within this, any unfair term is legally void. The UCTP apply not only to new contracts but also some pre-existing contracts and terms.

Contracts and terms covered In summary: • A consumer contract involves a supply of goods or services or a sale or grant of interest in land “... to an individual whose acquisition of the goods, services or interest is wholly or predominantly for personal, domestic or household use or consumption” (s23(3), ACL).

• “Standard form [contract]” is not defined but a court will consider factors such as who prepared the document and where the balance of barraging power lies (s27, ACL).

• Some contracts are exempt from coverage (s28, ACL) and some terms are excluded from consideration (e.g. terms that define upfront price or main subject matter: s26, ACL).

What is unfair? Under s24(1) of the ACL, a relevant term is deemed unfair in relation to significant imbalance of rights/obligations, lack of necessity to protect a legitimate interest and detriment. The term’s transparency and the contract as a whole must also be taken into account (s24(2)-(3), ACL). Section 25, ACL sets out examples (e.g. terms permitting unilateral variation of contracts).

Practical issues Since the UCTP are partially retrospective, review of existing contract terms for compliance with the new regime is vital.

Furthermore, following the Victorian pattern (e.g. Director of Consumer Affairs Victoria v Craig Langley Pty Ltd and Matrix Pilates and Yoga Pty Ltd [2008] VCAT 482), the ACCC is determined to go after consumerfacing companies operating on terms which many consumers may regard as unfair (e.g. mobile phone companies, gyms, health clubs).

Indeed, as of September 2011, the ACCC had already filed its first UCTP claims against NRM Corporation Pty Ltd and NRM Trading Pty Ltd (collectively NRM) in relation to clauses requiring 30 days' written notice to NRM to terminate the contract plus a number of fees (including a fixed administrative fee of 15 per cent of the original contract price).

Next steps Chamberlains Law Firm can assist you in drafting contract terms which avoid contravening the UCTP. If you having existing terms in place, we would be pleased to review and make necessary amendments. Alternatively, if you are a party to a contract and consider it contains an unfair contract term, contact us for advice.

As we enter the New Year it will present us all with new challenges; or are they opportunities?

The Federal government recently announced an increase in the efficiency dividend which will inevitably bring about staffing reductions across this sector with a flow on affect inevitable for the private sector.

With conditions like these organisations generally focus on how they can reduce costs through their people and whilst this is a quick way to bring costs down, if undertaken on a unilateral basis, it could have a significant effect on the longer term success of the organisation.

Even with the risk of a potential downturn due to the efficiency dividend, it is critical that organisations focus on their longer term talent needs as they work through this process. Serious consideration needs to be given to how hard it may be to re-engage talent that may be lost during this time. Ultimately all organisations need to consider how “talented” they will need to be in order to meet their future needs.

Whilst it might be easy to replace staff with broader skills, the cost of replacing specialist skills or talented individuals can be highly expensive for organisations if taking into account the sourcing, induction and training costs associated, as well as the loss of corporate knowledge.

It can take individuals up to six to twelve months to really start contributing to their full capacity.

Whilst acknowledging that organisations need to do what is right for business, in my opinion it is vital to review the longer term goals before reacting to these potentially shorter term market changes. Canberra’s skill shortage for talented and specialist individuals is not going to ease up any time soon so it is critical that organisations work hard to understand their future talent needs and start planning now. Growing or engaging the right talent can take significant time so organisations need to identify their future workforce needs, understand the key sources of critical talent (internal or external) and establish a clearly defined talent management program and succession plan.

This proactive approach will make all the difference and allow organisations to move quickly to capitalise on future market opportunities. At Cantlie, we see it as our role to support and guide our clients in sourcing, selecting and retaining the right talent. It is guaranteed, that change will be a constant and it is how we prepare ourselves for this change that will be the determining factor in riding this short term wave and having the right talent in the future.

For more information on how Cantlie can support your organisation in identifying future talent needs and sourcing and attracting the specialist skills required to meet the organisation’s goals please contact Keith Cantlie, Managing Director on 02 6239 7755 or email keith@cantlierecruitment.com.au

Shaun Creighton is practice leader-coroporate and commercial of Chamberlains.

19-23 Moore Street, Turner ACT 2612 T: 02 6215 9100 | chamberlains@chamberlains.com.au

Keith Cantlie, Managing Director Corner Flinders Way and Murray Crescent, Manuka ACT 2603 T: 02 6239 7755 | keith@cantlierecruitment.com.au

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ESTATE PLANNING

What is better – a lump sum or a pension?

“The importance of money flows from it being a link between the present and the future.” John Maynard Keynes Last month we wrote about the different types of superannuation.

This month we address the two ways in which superannuation can be paid – as a lump sum or as a pension.

If your superannuation is in an accumulation (sometimes called defined contribution) fund then you may either take your entitlements as a lump sum, a pension or a combination of both. If you are in a defined benefit fund how you take your super will depend on the rules of the fund itself.

If your superannuation is in an accumulation (sometimes called defined contribution) fund then you may either take your entitlements as a lump sum, a pension or a combination of both. If you are in a defined benefit fund how you take your super will depend on the rules of the fund itself.

A lump sum is effectively a one off withdrawal of part or all of your superannuation entitlements. A pension is an income stream. They are both taxed differently, depending on the age at which you access your entitlement as well as the taxation elements of the different funds.

If you are in an accumulation scheme, the source of both the lump sum and the pension is a fixed and finite resource. Withdrawing your entitlement as a pension, means that your entitlement will be spread over a period of time. Withdrawing your entitlement as a lump sum, means that you taking your entitlement all at once.

Your choice will largely depend on your financial plan. Everyone’s

by Stephen Bourke

Stephen Bourke is a director of the boutique firm, Certus Law, which specialises in superannuation, trusts and estate planning.

Visit Certus Law at Level 5, 28 University Avenue, T: 6268 9090, www.certuslaw.com.au

needs and personal situation are unique to them and it is important to carefully make sure the decision meets your needs.

For example, a lump sum may be more advantageous to pay off any remaining mortgage on your home. On the other hand, if you used it to buy an investment property the income received would not have the generous tax concessions available in superannuation.

If you elect to withdraw your superannuation as a pension from your accumulation fund, you must draw down an amount at least equal to the minimum payment amount applicable to your age. For example, if you are under 65 you must draw down on an annual basis a pension equal to 4% of the value of your entitlement (there is a 3% draw down for 2011/2012(. If the growth of your fund is less than 4% then effectively you will be eating into the capital and, depending on how long you live for, you may find yourself exhausting your superannuation entitlements.

If you are in a defined benefit fund which allows an option of lump sum or pension then the decision is more critical as the impact will largely depend on the nature, form and characteristics of the fund.

The defined benefit pension is usually indexed, not subject to the fluctuations of investments in the market and minimum drawdown limits.

And this is the fundamental difference between accumulation super and defined benefit super. Those with accumulation super have to bear the market risk. Those with defined benefit super do not. The pensions are guaranteed.

Whatever choice you make it is important that you get appropriate financial and legal advice. And don’t wait until you are just about to retire. We all hope to retire one day and continue to lead long fulfilling lives.

If you fail to plan, you may be planning to fail.

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

Networking is such a powerful tool when used correctly, providing both the business and end user with great results.

Networking and your business

SAMANTHA ReMMeRS

MARKETING, EVENTS AND COMMUNICATIONS DIRECTOR

W

e are regularly told how important networking is for business, yet most businesses don’t actively participate in networking opportunities presented to them.

Networking is such a powerful tool when used correctly, providing both the business and end user with great results.

Networking is certainly less costly than other marketing initiatives; however you need to invest your time and effort where it counts! We all know

Many members of ours who attend our networking events have said that it has provided them with many more opportunities than they thought they would ever have. Not only that, it has provided them with an invaluable network of contacts, which we know is fundamental in Business within the ACT.

Corporate Sponsors ACTEWAGL, 104.7 / Mix 106.3, Prime TV, The Canberra Times, The Good Guys Tuggeranong, Duesburys Nexia, Synapse Worldwide, B2B in Canberra.

Associates and Affiliates Retail Traders Association, Australian Industry Defence Network Foundation Member Australian Chamber of Commerce & Industry

32

J A N U A R Y 2 0 12

that time is the biggest issue when it comes to networking events however, if invested wisely, you will see results that will pay dividends beyond the time spent.

An effective strategy is needed when networking, put some thought into what it is that you want to achieve. Don’t brag or big note yourself, instead provide information on what it is that you and your business can provide to that person or audience whilst getting that message across in a direct manner, remember less is more. Also be positive and show integrity. Proactive networkers will always come out on top compared to a more passive networker.

Nothing can be more frustrating than an aggressive networker. Remember, there can be advantages in providing information about your business whilst staying social. Making a personal connection with someone can be very powerful as it will give them something to remember you by.

Word of mouth referrals are a crucial part of any business. Clients go to a business or service based on past experiences of our colleagues, family and friends. It is important to build rapport and reputation to get yourself and your name known for the right reasons. You can do that by first letting people know what makes you differ from the crowd.

B 2 b I n C anb e rra

Building relationships is invaluable in business, and networking gives you access through many avenues.

At the ACT & Region Chamber of Commerce and Industry, we provide many networking events throughout the year in order to assist and grow business in the ACT and Region. Sometimes the hardest part about networking is knowing where to go and how to start. At the ACT Chamber, we have a very diverse group of members, which provides many opportunities for business, regardless of their industry or business goals.

Canberra, having such a strong community feel and presence, makes it relatively easy to network.

The most important thing to remember is not to limit yourself to a particular industry or group.

There will always be opportunity regardless of what is on offer.

Another idea is to get your staff involved. Don’t limit networking events to senior managers. This will provide your staff with a sense of pride in working for an organisation that has trust in its staff. Not only this, but with experience, you staff will also start to network and promote your business without even knowing it. After all, you may have seen in the media the all too common employee raising negative comments on social networks about their workplace. By involving your employee’s networking can help to reduce this likelihood as an employee moves more into the professional business arena which can help them to better understand their work environment.

After the networking event, actions can be just as important as the event itself. Your follow up actions are a measurement of your success. Follow up with a call, email or make an introduction. Expanding your network will only benefit you long term.

Business networking is such a fantastic tool.

Many members of ours who attend our networking events have said that it has provided them with many more opportunities than they thought they would ever have. Not only that, it has provided them with an invaluable network of contacts, which we know is fundamental in Business within the ACT. For more information on what the ACT & Region Chamber of Commerce and Industry can do to sustain, assist and grow your business. Please contact Sam Remmers, Marketing, Events and Communications Director on (02) 6283 5200 or via email – sam@actchamber.com.au

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

A new project between members of the ACT Exporters’ Network and the Australian National University (ANU) has seen six Network members participating as live business clients in the International Business Plan Competition in the ANU College of Business and Economics.

Industry-University Linkage: A Win Win Experience VINH LU

LECTURER & RESEARCH FELLOW Australian National University

For more information on the ACT Exporters’ Network visit actexportersnetwork.com, or contact the Network’s manager, Pam Faulks, on 0400 090 452, pam.faulks@ canberrabusinesscouncil.com.au.

The ACT Exporters’ Network is proudly sponsored by the ACT Government, Canberra Business Council, the Centre for Customs & Excise Studies, AusIndustry and The Canberra Times.

34

J A N U A R Y 2 0 12

A

new project between members of the ACT Exporters’ Network and the Australian National University (ANU) has seen six Network members participating as live business clients in the International Business Plan Competition in the ANU College of Business and Economics.

Based on the project brief and a Q&A session with the executives of the businesses, student teams developed a comprehensive international business plan that incorporated a market screening and selection exercise; SWOT analysis; competitor analysis; identification of target market and market size; potential market entry strategies; international marketing mix tactics; and implementation costs and schedule.

Students also produced print/advertising materials that were assessed by a team of marketing professionals from a range of organisations, including Saatchi & Saatchi and Roy Morgan Research.

The top teams were officially recognised at a School reception, and some clients offered further rewards such as additional research work or internship opportunities. Dr Dion Klein, CEO and Founder of The Wise Academy, expressed his appreciation of the students’ work at the award reception, adding that the recommendations put forward by the students were very much in line with the current direction of the business and will be useful for The Wise Academy as part of their expansion plan into the Asian market.

Mr Rob Shugg, Director of Kinetic Performance Technology, was impressed with the quality and the professional approaches undertaken by the students.

He is also open for future collaboration between the company and the School, and notes that the market information and several marketing tactics provided by the students are useful for the international activities of the firm. Mr Michael Glew, owner of Best Exhaust, further reflected, “I was pleased to be able to contribute my time to the programme. The quality of the work presented by the students was of a high standard, and their enthusiasm was inspiring to say the least. The future is in good hands…”

A win-win experience Interaction and engagement with the business community is one of the core elements of the ANU’s strategic plan. In addition to enriching the profile of

B 2 b I n C anb e rra

the School/College, the International Business Plan competition delivered ‘the thrill of discovery’ to the students, allowing them an authentic learning experience that is challenging yet rewarding at the same time.

The International Business Plan competition offered mutual benefits for the SMEs and the students. Mr Adam Castle, Event Coordinator and Kanga Cup Manager, reflected, “Collaborating with ANU on this project has been enlightening, exciting and highly rewarding”, adding that “the students’ unique perspective on our business has been invaluable and mutually beneficial…

The competition provided the students with an opportunity to make real life solutions to real life challenges whilst presenting us with unique proposals, plans and concepts to assist decision making in key areas”. Indeed, career preparedness and readiness was one of the most important skills gained from the competition, according to the students. The focus groups conducted after the competition revealed students had strengthened several other skills such as accountability, confidence, inter-personal communications, and leadership.

Mr Sudesh Mudaliar, Vice President of Asia Pacific and Manager of Operations and Product Development at XP Solutions, concurred that “involvement with the international business competition was very rewarding”. He was appreciative of the fact that “the students did take the challenge seriously and the questions and discussions were unbiased without a preconceived approach.”

In summing up the overall experience of being a live business client in the competition, Mr Douglas Lumsden, Owner and Director of Space Saver Rowing Systems, commented on the benefits of the industry-university linkage, “Space Saver Rowing Systems was incredibly impressed with the opportunity to work with Dr Vinh Lu and students in his courses. It was an unbelievable chance to market test our product range in the Asian marketplace and receive feedback from the people not involved in the company in anyway. The students final presentations were of an excellent quality and enabled us to take the time to compare market expansion strategies which will be applied in the real world… just a great experience all round”.

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

A2B

The Canberra Business Council commends the ACT Government for its ongoing commitment to progressing planning of the Australia Forum ... but it must make development of this facility a priority because of the economic and tourism benefits it will bring to our city.

G20 highlights urgency of developing Australia forum

T

he recent announcement that the G20 meeting will be held in Australia in 2014 should be an impetus for the ACT and Federal Governments to urgently commit to developing a world class meeting precinct in the National Capital. It is deeply disappointing and totally unacceptable that Australia’s capital city does not have the capacity to host major national and international conferences such as the upcoming G20 or last year’s Commonwealth Heads of Government Meeting (CHOGM). The ACT currently has the smallest conference facility in the country – even the Gold Coast and Cairns have convention centres capable of hosting meetings twice the size of conferences that Canberra can host.

Canberra Business Council is urging the Territory and Federal Governments to put plans in place to address this deficiency.

While it is pleasing the ACT Government will bid for secondary events related to the G20 meeting, it should never accept that this ancillary role as all Canberra is capable of. The Business Council absolutely rejects the view that the ACT will never be large enough or have sufficient accommodation and high-quality meeting facilities to host major national and international meetings. To accept this position is to relegate Canberra to only ever hosting minor satellite and peripheral meetings – a totally unacceptable position for the future of Australia’s National Capital. The recent visits to Canberra of the Queen, United States President Barack Obama and Princess Mary of Denmark, show that not only is Canberra the natural host for international dignitaries but the benefits associated with these visits are enormous - both economically and in terms of positioning Canberra nationally and internationally. For example, it is estimated that the Queen’s visit to Canberra generated nearly $40 million worth of media exposure that reached a total audience of around 247 million. Imagine the impact on the profile of Canberra as the National Capital if we could host meetings attended by many heads of government.To further illustrate this point, Western Australia has estimated that the three day CHOGM was worth $30 million to its hotel and hospitality sector and the Adelaide Convention Centre recently celebrated making a billion dollar return to the SA economy since it was opened.

Previous hosts of G20 meetings demonstrate that smaller cities can hold meetings of this calibre

as long as appropriate investment has been made in conference and accommodation infrastructure.

The 2011 G20 was held in Cannes which only has a population of 73,000 and the 2012 meeting will be in Los Cabos in Mexico which has a population of 238,000. Both are significantly smaller than Canberra in terms of population but are home to much larger convention centres and have many more hotel rooms available. While Canberra Business Council commends the ACT Government for its ongoing commitment to progressing planning of the Australia Forum – the proposed new $330 million convention precinct for Canberra – it must make development of this facility a priority because of the economic and tourism benefits it will bring to our city. The Federal Government must also play a role in making sure Australia can host major events in its National Capital as soon as possible to capitalize on Australia’s increasingly important role in Asian and Pacific regional and international affairs.

The investment and support required from both governments is not limited to constructing the convention precinct but also needs them to undertake strategic planning to ensure associated amenities such as accommodation and transport are developed to adequately support events Canberra could attract in the future including blockbuster events at our National Institutions.

The Australia Forum plan includes conference and exhibition facilities, hotel accommodation, retail and restaurant outlets. Even if we started work today it’s unlikely it could be operational before 2016.

Canberra already lags behind other states and territories which are continuing to make significant investments in their convention facilities. Melbourne is currently spending about $1 billion extending its convention centre and Sydney is investing nearly $7 billion to upgrade its convention precinct.

Development of the Australia Forum should not only be a priority because of the economic rewards it offers the ACT, but because as the National Capital of Australia, as the home to national monuments and institutions, as the location of some of the country’s most respected think-tanks, and as the seat of Federal Parliament, it is imperative that it be able to host high-level national and international events.

T 6247 4199 E info@canberrabusinesscouncil.com.au www.canberrabusinesscouncil.com.au

CHRIS FA U L K S

CHEIF EXECUTIVE OFFICER

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35

B2B @ PAGE AWARDS AT THE HOTEL REALM The PAGE Awards aim to capture the imagination both of traditional print and new media professionals in a celebration of collaboration.

The awards night was held recently at the Hotel Realm and was attended by over 400 representatives from Canberra’s print and graphic art industry.

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B2B @ CBC ANNUAL GALA DINNER AT THE HOTEL REALM The Canberra Business Council’s Annual Gala Dinner is the premier event on the Council’s calendar. Li Cunxin, Mao’s Last Dancer, gave the Robin Schall Business Address this year, to an enraptured audience.

B2B would like to join with Sam and Smriti Gupta to wish Sam’s father, Suraj Prasad Gupta, a very happy 75th birthday. (pictured: Suraj Prasad Gupta and his wife Saroj Gupta).

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