B2B Magazine Issue 99 November 2014 by B2B magazine

B2BMAGAZINE.COM.AU

NOVEMBER 2014

A PARTNER IN YOUR FINANCIAL FUTURE – DIXON ADVISORY –

THE MERCHANT BRINGING LIFE TO KINGSTONE FORESHORE

MARRIAGE EQUALITY WHY IT MATTERS TO BUSINESS

ISSN 1833-8232

THE CANBERRA MARKET HOW DOES IT EFFECT YOU 9 771833 823005

CONTENTS

PUBLISHER'S NOTE

Early to bed and early to rise … One of my favourite quotes is from Ted Turner: ‘Early to bed, early to rise, work like hell and TIM advertise’. Business success BENSON doesn’t happen overnight. It Publisher happens over years of diligent work. Years of getting up each day doing the same thing over and over again, doing taxes, making coffee - dare I say ’selling advertising’. For many people success is still having a business after one, two, three, four years etc down the track. It’s being able to juggle everything to pay your bills (eventually), the tax office (eventually) and yourself (eventually).

Our next issue, December, will be our 100th issue. Basically B2B magazine kicked off in April 2006. Eight years of pumping out a magazine each month serving the Canberra region business community. If I had a dollar for each time something asked me about my sales team, finance area, journalists, designers, editors, photographers etc to find out that we are a very small team … that is not to say that we don’t collaborate with some great local businesses and people - you know who you are: Andrew Sikorski; Manuel Galaktidis, Chris Bugden, Sam Gupta, Peter Terho, Darron Cent and of course my lovely wife Liz Lang and daughter Alexandria Benson. Send all comments to editorial@b2bmagazine.com.au

Photo: Andrew Sikorski

It’s about driving a car that is 10 years old, not living in the best suburb - but having a nice home, not travelling business class - but having an overseas holiday each year. Sending your kids to a private school when you went to all public schools. It’s about surviving, growing, networks, friendships, setbacks, little wins, big wins - and elbows and opportunities … that said, here at Man Bites Dog Public Relations, yes that is our company name, we are about to celebrate B2B issue 100.

14 COVER STORY DIXON ADVISORY A PARTNER IN YOUR FINANCIAL AND RETIREMENT FUTURE

CONTENTS

FEATURE

24 FAMILY LAW Disposing of assets after seperation — "add backs" becoming a thing of the past by Dobinson Davey Clifford Simpson Lawyers

05 Challenging preconceptions Goodwin Aged Care 06 Why marriage equality matters to business Dobinson Davey Clifford Simpson Lawyers

08 Bringing life to Kingston Foreshore The Merchant 10 What is happening in the Canberra Market RSM Bird Cameron Chartered Accountants

27 RECRUITMENT Gender diversity by Hays Recruiting

COVER STORY 14 A Partner in your financial and retirement future Dixon Advisory 18 ADVICE FROM THE EXPERTS

ISSN 1833-8232 LEGAL NOTICE

Then let’

A2B: ASSOCIATIONS TO BUSINESS 28 MINISTER'S MESSAGE Trade visit to Singapore and Tokyo

Talk to ou you focus

19 BANKING Spring selling seaon by ANZ Mobile Lending

30 CANBERRA BUSINESS CHAMBER Government decision to delay new convention centre beyond belief

20 BOOKKEEPING Who knew bookkeeping and management accounting could be fun? by Tailored Accounts

BUSINESS NETWORKING

20 BUSINESS ADVISORY Avoiding incidents of fraud and corruption by Vincents Chartered Accountants

34 B2B @ Canberra Business Chamber CIT

32 B2B @ Contemporary launch National Gallery of Australia

36 B2B @ Capo Preview CMAG

22 BUSINESS LAW Safety defects in building construction goods by Bradley Allen Love Lawyers

INTER

27 WEBSITES Take advantage of mobile commerce by Synapse Worldwide

19 ACCOUNTING Getting the right people by RSM Bird Cameron Chartered Accountants

26 INTELLECTUAL PROPERTY International protection of your trade marks by Arete Group 26 PROPERTY INVESTING Selling your investment property by Hatch Property Australia

12 Seeing Machines named 2014 ACT Exporter of the year Canberra Business Chamber

24 FINANCIAL PLANNING D-Day for pensioners by Dragonfly Financial Services

22 CORPORATE GOVERNANCE Not-for-proﬁt governance study released by Australian Institute of Company Directors

DISPLAY

Wednesda or by appo

38 B2B @ Chief Ministers Export Awards Hyatt

EDITOR / PUBLISHER

PUBLISHED BY

Tim Benson editorial@b2bmagazine.com.au 0402 900 402 02 6161 2751 Intern: Marshall Jones

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

ADVERTISING

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

DESIGN

PHOTOGRAPHY

Manuel Galaktidis evendots.com.au

Andrew Sikorski art-atelier.com.au

20 Galore

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

You’ll get more out of life at

RESTED?

F E AT U R E

Challenging preconceptions

N ur sales team today to find out how The Central can let

’s get things rolling!

on the good things in life. Introducing The Central – Goodwin’s newest innovation. From its high quality apartments, townhouses, and penthouses through to its Lifestyle Club and location in the heart of Crace, The Central offers a sophisticated way of life that’s perfect for active and independent Australians aged 60 and over.

APARTMENT NOW OPEN

ew apartment-living options for over 60s enable active, social living for retirees who fear losing the daily interactions of the workplace. For many of us, the workplace is a source of daily interaction, social connection and mental stimulation that we will miss upon retirement – even if we’re counting the days. There’s a preconception that losing the daily stimulation of the workplace represents the beginning of a protracted slow-down. The reality is that new apartment complexes for over-60s, like The Central, challenge preconceptions about retirement living. Rather than adjusting your lifestyle to “suit your age”, it is about adjusting your accommodation to suit the active, full lifestyle you desire. “The physical design of The Central consists of shared courtyard gardens plus a residents’ club lounge and gym, that will provide ample opportunity to meet neighbours or share a quiet drink,” said Jim Purcell, Goodwin’s Executive Manager, Retirement Living. “We also have an onsite Lifestyle Officer whose role it is to fill a creative social calendar for residents every week. “Many of our first residents are older singles, who’ve been attracted by the social aspects.” “I tell people this is a community of like-minded people over 60, who don’t want to bother maintaining their large homes anymore, and they just want a lifestyle that suits them,” said Jenny Weire, an incoming resident of The Central. “My kids love it here too. It’s a beautiful place for families to socialise, there are lots of places around Crace you can go,” Jenny said. Crace was recently awarded the Best Master Planned Community in the National Property Council of Australia Awards. Alongside local volunteering work and an active social life including local walking groups, Jenny leads travel groups through Europe. “I can just take off,” Jenny said. “I don’t have to worry about the maintenance of a house or garden, there’s someone to collect my mail or anything I need.” “Downsizing in this case,” Jim adds, “is about facilitating the travel you can do now that you’re not tied to a job”.

ay 11am-1pm and Saturdays 10am-2pm ointment. INTERESTED? Then let’s get things rolling! Talk to our sales team today to find out how The Central can let you focus on the good things in life.

Street, Crace | (02) 6175 5057 | centralbygoodwin.org.a DISPLAY APARTMENT NOW OPEN

Wednesday 11am-1pm and Saturdays 10am-2pm or by appointment.

20 Galore Street, Crace | (02) 6175 5057 | centralbygoodwin.org.au

B2B M AGA ZIN E

N O V E M B E R 2 014

F E AT U R E

Why marriage equality matters to business By Julie Dobinson

e can expect the debate around marriage equality to once again take centre stage, with Senator Leyonhjelm’s Marriage Equality Bill set to be introduced in Parliament in the next few months. And clearly this is something that Australians want. A recent poll by Crosby/ Textor has shown that 72 percent of Australians now support marriage equality. This the highest level of support for marriage equality ever recorded and it also represents a rapid upwards trend. Support for marriage equality is also not limited to any particular demographic, age or religious group. Of Australians who identified with a major religion - including Catholic, Anglican and non-Christian religions – a majority said they were in favour of same-sex marriage. Many business owners have been reluctant to weigh into the debate around social issues, preferring instead to remain publicly neutral to avoid criticism from customers and stakeholders. However, a shift is now taking place in Australia where business leaders are taking a more vocal and public stance on the issue of same-sex marriage, for both economic and social reasons.

N O V E M B E R 2 014

As it stands now, a portion of Australian adults are being discriminated against purely on the basis of whom they love. By denying same-sex couples the right to get married, as The Marriage Act does, it sends a message that discrimination on the basis of sexual orientation is acceptable. This has a profound impact on the health and wellbeing of same-sex attracted people and their families. Research has shown that there is a direct link between legal bans on same-sex marriage and higher levels of stress and anxiety, lower self-esteem and great incidence of mental and physical health problems among same-sex attracted people. In the workplace, this can result in absenteeism, lower productivity and higher incidences of staff turnover. All well as causing undue harm to employees, this also leads to higher costs for businesses. Although allowing same-sex marriage will not remove all discrimination and unequal treatment against LGBTQI individuals, it will be an important step in this direction. A number of businesses operating in Australia have already publicly stated that they support marriage equality. By announcing that the business leaders in the community support marriage equality, it

B2B M AGA ZIN E

sends a strong message to the major parties that there is desire for legislative reform based on social justice and equality for all. The Partners of DDCS Lawyers believe that every Australian has the right to marry, no matter their gender preference. We encourage all business owners to voice their support for this issue in order to stand up for the rights of their employees and customers.

Julie Dobinson, is a Partner of the firm. 18 Kendall Lane, New Acton, Canberra phone (02) 6212 7600 mail@ddcslawyers.com.au, www.ddcslawyers.com.au

CONGRATULATIONS FROM RSM BIRD CAMERON RSM Bird Cameron would like to congratulate Oliver Baker from Capital Veneering on his recent success at the Worldskills Australia National Competition held in Perth for young tradespeople. Oliver placed ﬁrst in the regional contest amongst a ﬁeld of 500 of Australia’s best trainees, apprentices and students. A fantastic achievement. RSM Bird Cameron have been proud to be a part of Capital Veneering’s success story and look forward to continuing that relationship.

For over 90 years we have been advising Australian business, to ﬁnd out how we can help you, visit: rsmi.com.au

Bird Cameron

Chartered Accountants

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

F E AT U R E

The Merchant

ocal entrepreneur and business owner Beatrix Nagy has launched her most ambitious project to date – opening three new businesses at Kingston Foreshore. These are: The Merchant, a café and restaurant serving European based modern Australian dishes for breakfast, lunch and dinner, seven days a week from 7am - 10pm. Prohibition – The Bottle Shop, a place where you can get your usual loved drinks, specialty items, Cuban cigars, soft drinks, mineral waters, last minute presents like specialty chocolates snacks and nuts to complement your choice of drink; and The Market, a grocery store for the residents of Kingston Foreshore, where they can get their bread, milk, newspapers, magazines, cold drinks, fresh fruit, fresh vegetables, gourmet deli items, fresh flowers, baby care and more. An already accomplished businesswoman, having established the successful Apartments by Nagee four years ago, Beatrix views these three new ventures at Kingston Foreshore as example of how much Canberra has grown in the past decade. The Merchant is the ‘flagship’ of Beatrix’s new ventures.

N O V E M B E R 2 014

bringing life to Kingston Foreshore

“I view Kingston Foreshore as the Darling Harbour of the ACT. The Merchant brings alfresco, Modern Australian, waterside dining to Canberra,” Beatrix said. “The Merchant is not only a ‘local’ for the burghers of Kingston Foreshore but also a place where Canberrans from all over come to walk their dogs, ride their bikes, go to the Markets and then drop in for a coffee and something to eat.” Beatrix has been fortunate to assemble one of Canberra’s most established kitchen staffs, led by Executive Chef, Steve Sweeney and sous chefs Caleb Moore and Dean Taylor. “At The Merchant we aim to provide a sophisticated yet relaxed dining experience all day, every day, offering classic loved dishes as well as new exciting flavours,” Steve explained. Steve says that he respect the produce and tries to put the best ingredients possible on a plate. “Chefs are like technicians and artists. The food has to speak for itself. If I put bad produce in a dish it will reflect on the chef and the business. The better the quality of the produce: the happier the client,” Steve said passionately. “I have a great rapport with our butcher and fish supplier who supply us with excellent quality produce. We have fresh, unfrozen, cakes from Sydney the cheeses are flown in from France and Spain.”

B2B M AGA ZIN E

Steve also goes to great pains to outline the fabulous Australian and local produce that are also used and available at The Merchant, Prohibition - The Bottle Shop and The Market. And that’s not all The Merchant can also cater for your business or private function and from Friday to Sunday a waterfront grill will be operating for dinner, serving offerings such as German sausage and sauerkraut, grilled corn on the cobb and wagyu skirt. In addition to these terrific achievements Beatrix will also be hosting live music at The Merchant starting Friday 14 November from 8pm – 10pm, every Friday up until Christmas. “I have also booked the M5 Jazz Quintet, a full band complete with trumpet, saxophone, guitar bass and drums, to entertain diners in the beautiful weather leading up to Christmas,” Beatrix said excitedly. The Merchant will also have a Christmas Eve and New Years Eve exclusive gourmet buffet with limited tickets, with, The Method, a full nine piece band playing hits from the 60s to now. For further information and bookings for The Merchant for Christmas Eve and New Year’s Eve go to: www.themerchant.com.au or call 6162 1359

NEW TO

KINGSTON

FORESHORE

CELEBRATE THE

FESTIVE SEASON!

AD AL YL

LIVE FEEL GOOD

D AY

CORPORATE FUNCTIONS 8+ GUESTS. fROM $42.00 pp

E V E R Y

MUSIC

FEATURING Jazz Quintet

EVERY FRIDAY

FROM 8PM

playing jazz, soul, latin, dixieland & blues

BEGINS 14th of NOVEMBER

CHRISTMAS EVE + NYE

B R E A K FA ST

LUNCH

HIGH TEA

CAKES&COFFEe

DINNER

exclusive buffet

F E AT U R I N G L I V E M U S I C

LIVE music & entertainment L I M I T E D T I C K E T S AVAI L AB L E

6162 1359 3, 2 TREVILLIAN QUAY

KINGSTON FORESHORE VIEW MENUS ON OUR WEBSITE

themerchant.com.au

B2B M AGA ZIN E

N O V E M B E R 2 014

F E AT U R E

What is happening in the Canberra market? By Tim Benson

N O V E M B E R 2 014

B2B M AGA ZIN E

F E AT U R E

rank Lo Pilato (managing partner), and Jonathon Colbran, (partner), from RSM Bird Cameron, Accountants and Business Advisors, Canberra, share their insights into the Canberra market and issues facing business today. Established in 1922, RSM Bird Cameron in Canberra offers the full suite of specialist corporate and business advisory services. They support every stage of a business’ development, from incorporation to public listing, national and international expansion and mergers and acquisitions. Their corporate & personal insolvency advisors work to achieve the best possible outcome for troubled companies, their shareholders and other stakeholders, including financiers and creditors. Running a business in Canberra can be a profitable and meaningful experience, but it is not without it’s ups and downs. Canberra is unique and often runs counter cyclical to the rest of the country. It also has an economy that has at it’s centre the federal public service, five universities and the building and construction industry. But this doesn’t mean that there isn’t a strong and vibrant private sector in the ACT. There is, and it currently accounts for more nearly 60 per cent of all employment, through nearly 26,000 businesses. “So bearing in mind the significance of the private sector to the ACT and regional economy it is important to have a handle on how it is travelling,” Frank said. Both Frank and Jon are in an unique position to comment because, as turnaround and recovery professionals (see ‘insolvency practitioners’ in the old language), they are speaking with business advisors, auditors, lawyers and accountants most of their working days. You may be surprised to hear what they have to say. Many would be forgiven for

making the assumption that insolvency practitioners would be ‘making hay’ at the moment considering significant cuts to the public service and a downturn in the construction industry. “There have been a number of high profile liquidations, particularly in the building and construction industry, but we are not seeing a significant increase in businesses seeking turnaround and recovery services,” Jon said. According to RSM Bird Cameron businesses in the ACT seen to be weathering the storm and doing what they can to survive. “Businesses are battening down the hatches and consolidating, in fact those seeking the services of insolvency services are down around 30 per cent,” Frank explained. You would also be excused for assuming that this means that all is well for business in Canberra and that the economy is steaming ahead. According to RSM Cameron there are a number of factors at play that may have significant flow on implications for many viable Canberra businesses. “We believe that a significant number of businesses are staving off insolvency because of uncharacteristically low interest rates, a softening of the Australian Tax Office to recover outstanding taxes and generally less risk taking,” Frank outlined. What this means is that businesses are being given two years to pay back tax debts, they are not expanding, building or entering into leases at the same pace they were 18 months ago. Other factors that are impacting on business in the ACT are changes in Federal Government spending through a new contractionary phase and funds allocation. “This is a big issue for directors of not-forprofit organisations. These directors need to be aware of the risk that organisations may not continue to receive government funding

and have a responsibility to ensure their viability,” Frank said. Frank and Jon both agree that the hardest hit industries in the ACT, apart from the public service, have been construction, retail, and hospitality. Basically those industries that rely on discretionary spending. There are of course positive reasons for seeking advice from turnaround and recovery professionals. These include understanding, how your business is travelling, and your responsibilities to ensure the viability of your activities. “We have plenty of positive stories to tell of businesses that believed their only option was to liquidate, and after seeking advice from RSM Cameron have turned their business around and are now running healthy, profitable businesses,” Frank concluded.

Bird Cameron

Chartered Accountants

For more information, contact: Frank Lo Pilato, managing partner frank.lopilato@rsmi.com.au & Jonathon Colbran, partner jonathon.colbran@rsmi.com.au RSM Bird Cameron 02 6217 0300 rsmi.com.au With RSM Bird Cameron you really are... Connected for Success

Partners at RSM Bird Cameron Canberra: L-R, Frank Lo Pilato, Jonathon Colbran Photography: Andrew Sikorski

B2B M AGA ZIN E

N O V E M B E R 2 014

F E AT U R E

Seeing Machines named 2014 ACT Exporter of the Year

anberra-based technology company Seeing Machines has been crowned ACT Exporter of the Year at the 2014 ACT Chief Minister’s Export Awards recently at the Hyatt Hotel. Seeing Machines is renowned for developing state of the art fatigue and distraction monitoring technology, including the Driver Safety System (DSS) which is already being used by mining, commercial road-transport and automotive industries worldwide . The company, which was founded in 1999, now has 95 employees working across Canberra, San Francisco, Arizona and Tuscany, with export sales accounting for 53% of its revenue. Seeing Machines recognition as 2014 ACT Exporter of the Year comes a month after the company announced a collaboration deal with Samsung which aims to bring face and eye tracking technology to the consumer electronics market. “We are delighted to be recognised as the 2014 ACT Exporter of the Year,” Seeing Machines CEO Ken Kroger said. ”Canberra is a great place to do business. The collaboration between organisations such as NICTA and the ANU are part of a small technology community that come together 12

N O V E M B E R 2 014

to share resources and ideas and support each other.” Seeing Machines have also signed a three-year strategic agreement with ElectroMotive Diesel Inc. which will introduce their state-of-the-art Driver Safety System to the rail industry. Canberra Business Chamber CEO, Chris Faulks, congratulated Seeing Machines on winning the 2014 ACT Exporter of the Year, as well as the Information and Communication Technology category for the second year running. “Seeing Machines success is a testament to the growing strength of the export industry in the ACT”, Ms Faulks said. “Since winning the Information and Communication Technology category at the Export Awards last year Seeing Machines has grown considerably and this award is due recognition for their achievements. “Seeing Machines, along with the other 10 category winners, is a prime example of the innovative, global success of ACT exporters who use our country’s capital as a base.” First time winners in this years Export Awards included iSimulate (Education and Training), OnTheGo (Online Sales), as well as Frameskin and Austranter Medical, who shared the Emerging Exporter award.

B2B M AGA ZIN E

The full list of winners for the 2014 ACT Chief Minister’s Export Awards: • ACT Exporter of the Year – Seeing Machines • Business Services - Intelledox • Education and Training - iSimulate • Environmental Solutions - Windlab • Health and Biotechnology - Aspen Medical • Information and Communication Technology – Seeing Machines • Manufacturing – Datapod • Online Sales- OnTheGo • Small Business - IE Asia Pacific • Emerging – Frameskin and Austranter Medical (ACT only) • ACT Exporting Government Solutions – Royal Australian Mint (ACT only) • Exporting To Asia – Intelledox (ACT only) All ACT category winners will qualify for entry into the 52nd Australian Export Awards which will be held in Melbourne in November. The ACT Chief Minister’s Export Awards are an initiative of the ACT Government delivered by Canberra Business Chamber.

F E AT U R E

Business services award & exporting to asia award, intelledox Intelledox is a global software company that helps government, financial services and healthcare organizations to digitalize business processes. Its software products allow organizations to eliminate paper forms and manual processes and produce smarter customer communications. Intelledox has over one million users worldwide across four continents and growing. In 2014, Intelledox signed its largest ever North American deal with a multibillion dollar manufacturing company and announced a major reseller partnership with Fuji Xerox Asia Pacific. Learn more: www.intelledox.com Education and Training Award, iSimulate iSimulate was founded in 2011 and is a privately-owned company operating from offices in Canberra and Sydney. The simplicity of the technology has been embraced in Australia and overseas with growing sales in over 20 countries through 11 distributorships. Learn more: www.isimulate.com Environmental Solutions Award, Windlab Windlab is a Canberra based renewable energy development company exporting renewable energy expertise to over 60 sites around the globe. Windlab owns and exclusively utilises a suite of industry best practice wind energy prospecting and assessment tools to identify and efficiently develop high quality wind farm sites in its chosen markets, with considerably greater certainty and less risk. Global wind energy company Windlab was founded in 2003 as a spin out from Australia’s scientific research institute, the CSIRO. Learn more: www.windlab.com Health and Biotechnology Award, Aspen Medical The Canberra based company is operational in seven countries and employs more than 2,000 people. Aspen Medical secured a hat-trick win at the ACT Chief Minister’s Export Awards in 2013 after being crowned ACT Exporter of the Year three years in-a-row. The Aspen Medical story is one that highlights Canberra’s growing exporting industry. Learn more: www.aspenmedical.com.au

Information and Communication Technology Award, Seeing Machines Founded in 1997 by researchers from the Australian National University (ANU); who developed computer-vision algorithms for tracking and interpreting human head, face, and gaze; the company has successfully commercialised this technology globally. The company now exports products to 10 countries including Brazil, the Netherlands, and Indonesia. Learn more: http://www.seeingmachines.com Manufacturing Award, Datapod The 2014 ACT Export Awards were launched with the news that Datapod had secured a $2 million contact with the Washington Suburban Sanitary Commissionthe 7th largest utility in the USA. Datapod has also been appointed to the Data Centre Facilities Supplies Panel, which means they can be considered by Australian Government Departments and Agencies for the provision of data centre facilities and associated infrastructure. Learn more: www.datapod.com.au Online Sales Award, OnTheGo These include: sporting teams, health club chains, sporting events, schools, universities, non-profit organisations, government departments, small businesses and public companies. Earlier this year OnTheGo signed an exclusive deal to supply customised athletic apparel to the international gymnasium chain Anytime Fitness for its Asian operations. Learn more: www.onthegosport.com Small Business Award, IE Asia Pacific This benefits Air Navigational Service Providers (ANSP) or Military Air Defence Agencies in maintaining the integrity of their Systems; which in turn enhances Air Traffic Control safety for the travelling public and surveillance detection for the air defence of the country. In 2014, IE Asia Pacific has spent close to 30 weeks on site in Indonesia, providing valuable training to the Indonesia Air Force on Radar analysis products (RASS). They also hosted a local training course in Canberra for Indonesian Air Force personnel. Learn more: www.intersoft-electronics.com

ACT Exporting Government Solutions, Royal Australian Mint They also deliver coinage reform products and services. In 2014 the Royal Australian Mint has focused on developing new markets and initiating projects aimed at future revenue growth. This year the Royal Australian Mint received recognition through seven international awards, exported to three new countries, produced numismatic coins for New Zealand’s prestigious Maori Art collection and the second Hobbit movie. Learn more: www.ramint.gov.au Emerging Exporter Category, Frameskin and Austranter Medical Frameskin They have adapted a film technology more commonly associated with the automotive and aviation industry and developed design and production methods for this vertical market. An online retailer from day one, Frameskin now has customers in over 30 countries, with international sales in 2013-14 increasing by 50%. The company continues to develop and innovate to meet the demands of a changing market. Learn more: www.frameskin.com Austranter The Cap comes in 6 different sizes & has accessories for several different types of CPAP catering for babies form 500g to 4000g. All the components can be bought separately, are washable and reusable, making them economically viable even for developing countries. The system has reached success via word of mouth and the company is currently growing their operations and marketing. Learn more: www.austranter.com.au

Back Row L-R: Phillip Williamson Intelledox, Mick Spencer On the Go, Adam Smith Datapod, Scott Carr Datapod & Allan Vogt Frameskin. Middle row L-R: Anthony Lewis iSimulate, Peter Mckie iSimulate, Tim Edwards Seeing Machines & Kylie Gillian IE Asia Pacific. Front row L-R: Glenn Keys Aspen Medical, Michelle Melbourne Intelledox, Beth Anderson Austraner Medical & Dr Prabir De from The Royal Mint Australia. Photo: Andrew Sikorski

B2B M AGA ZIN E

N O V E M B E R 2 014

COVER STORY

N O V E M B E R 2 014

B2B M AGA ZIN E

DIXON ADVISORY

COVER STORY

A PA R TN E R I N YO U R FI N A N CIA L A N D R E TI R E M E NT F U T U R E

or nearly 30 years, Dixon Advisory has helped thousands of Australians realise their retirement dreams and helped to secure their financial futures - yet Canberra still remains at its core. For many Canberrans, the prospect of a fulfilling retirement can seem unattainable; with the ramifications of the GFC still palpable, constant legislative reform, budget cut-backs and increasing health and aged care costs, it can be hard to picture a smooth journey from work to retirement. Partnering with like-minded locals A valiant presence in the Canberra financial landscape, Dixon Advisory has been helping Canberrans take control of their financial futures since 1986. Established in McKay Gardens by Daryl and Kate Dixon, the firm has provided financial, investment and strategic advice to more than 10,000 local families and thousands of public sector employees. In 1994, after trialling and enjoying significant success with their own self managed superannuation fund, Daryl began offering advice to like-minded investors, and Dixon Advisory “The smart superannuation alternative”, was born. To this day, the company mantra remains, “the advice we give is advice we follow ourselves”, underpinned by a single goal in mind: to educate Australians about how to protect their wealth, and to empower them to achieve the retirement of their dreams.

Understanding policy An economics graduate from Cambridge & Queensland Universities, Daryl built his expertise working for the International Monetary Fund in Washington, the Australian Treasury, the Department of Finance and the Social Welfare Policy Secretariat. As his experience in the financial industry grew, so too did Daryl’s passion for financial education as a path to financial autonomy. “Daryl is undoubtedly in my mind the foremost expert on superannuation, particularly when it comes to public service superannuation in this country,” Australian financial analyst and journalist, Ross Greenwood states. Critical qualifications Dixon Advisory has advocated for higher education standards for advisors for many years and does not subscribe to the low entry point requirements that have been in place across the advice industry. Education is Dixon Advisory’s cornerstone. The Dixon Advisory community consists of some of Australia’s smartest and most qualified super & investment minds who look globally for the best investment opportunities, while being based right here in Australia. The firm’s leading university graduates, their highest qualified accountants, investment and financial advisors help to grow the firm by providing customised advice that suits individual clients.

Finding “you” in retirement Retirement ideology is different for every Australian but control over finances has been a key factor for many people to ensure the security of their retirement. In the early 1990s, Daryl had the foresight to realise that the relatively new concept of a self managed superannuation fund would help achieve this control. During the following decades, including the unstable times of policy changes and global financial stress, this prediction proved correct, with a widespread growth in self managed superannuation funds - now the retirement tool of choice for around one million Australians. Over many years providing financial advice, it became apparent to Daryl that no two would-be self-funded retirees shared the same view of retirement. This led Dixon Advisory to develop tailored strategies to support its clients. These include: • Splitting the traditional role of advisor between strategic advice and investment advice, enabling a more focused approach for these important areas. • Creating an integrated suite of other services available in house and as required by clients, such as: estate planning, life insurance and property and mortgage services. While the road to retirement can at times be an unsteady path, it’s good to have an ally to help you maintain control of your

B2B M AGA ZIN E

N O V E M B E R 2 014

COVER STORY

“ D a r y l i s u n d o u b t e d l y i n my mind the foremost exper t on superannuation, particularly when it comes to public service s u p e r a n n u a t i o n i n t h i s c o u n t r y, ” A U S T R A L I A N F I N A N C I A L A N A LY S T A N D J O U R N A L I S T, R O S S G R E E N W O O D S TAT E S

N O V E M B E R 2 014

B2B M AGA ZIN E

COVER STORY

investments, provide sensible, informed advice, deliver personal attention and be there to offer encouragement and support. Such strategies have enabled Dixon Advisory to address the unique requirements of every individual and help support their retirement goals. Anticipating risks and leveraging opportunities The GFC has left many people feeling uncertain about whether their super would survive the battering the global economy was taking. During this period, trust was hard to find in the financial industry, yet at this time, Dixon Advisory remained focused and strategic. Dixon Advisory formed an Investment Committee in 2002 to be the “eyes and ears” on global risks and opportunities for its clients. Headed by Chairman Patrick Broughton since 2013, the Investment Committee is made up of the firm’s (and some of Australia’s) most respected and regarded investment and financial figures, including Daryl himself, Max Walsh, Alan Dixon, Chris Brown, Lyle Meaney, Alex MacLachlan and Nerida Cole.

Dixon Advisory’s Investment Committee uniquely: • Has the courage to take contrarian views when there is the belief that these views are in the best interests of clients • Has a global line of sight across a broad range of asset classes (currently 9) – so has been significantly less Australian share focused than many advisors/investors • Has the ability not just to recommend, but also to create investment opportunities for its clients, where none exist or are inadequate – in many cases they are ahead of the market • Lives by the mantra, “the advice we give is advice we follow ourselves.” The Dixon family, executives, staff, family and friends are collectively the biggest Dixon Advisory client. They invest significant amounts of their own savings in the same products and on the same terms as their clients. Remaining a true Canberra success story The firm has come a long way from the small office in McKay Gardens, to become one of the few independently owned advice firms in Australia. Dixon Advisory now has

more 330 employees supporting clients locally from offices in Canberra, Sydney and Melbourne, as well as the New York investment office, which is headed up by Alan Dixon. Many of Daryl’s original Canberra clients have remained with Dixon Advisory since its inception, heralding Daryl’s loyalty to their unique vision for their own retirement as the key attribute for remaining with the firm: a very good reason our Canberra legacy will always be a part of the Dixon Advisory story. Dixon Advisory fundamentally believe that your retirement journey should be rewarding. “You need to enjoy the transition to retirement, as much as when you’re living it. Planning and saving can be stressful, but it’s important to enjoy the process of building your wealth,” Daryl says.

Further information: Telephone 1300 305 661 or visit the website www.dixon.com.au

B2B M AGA ZIN E

N O V E M B E R 2 014

ADVICE 19 19 20 20 22 22 24 24 26 26 28 28 18

N O V E M B E R 2 014

B2B M AGA ZIN E

ACCOUNTING

Getting the right people by Andrew Sykes, RSM Bird Cameron Chartered Accountants

BANKING

Spring selling season by Paul Lanzon, ANZ Mobile Lending

BOOKKEEPING

Who knew bookkeeping and management accounting could be fun by Harry Hoang, Tailored Accounts

BUSINESS ADVISORY

Avoiding incidents of fraud and corruption by Stephen Hipkin, Vincents Chartered Accountants

BUSINESS LAW

Safety defects in building construction goods by Mark Love, Bradley Allen Love Lawyers

CORPORATE GOVERNANCE

Not-for-profit governance study released by Phil Butler, Australian Institute of Company Directors

FAMILY LAW

Disposing of assets after separation â&#x20AC;&#x201C; "add backs" becoming a thing of the past? by Carrie Gan, Dobinson Davey Clifford Simpson Lawyers

FINANCIAL PLANNING

D-Day for pensioners is approaching by Luke Smith, Dragonfly Financial Services

INTELLECTUAL PROPERTY

International Protection of your Trade Marks by Shaun Creighton, Arete Group

PROPERTY INVESTING

Selling your investment property by Julie Cumming, Hatch Property Australia

RECRUITMENT

Gender diversity by Jim Roy, Hays Recruiting

WEBSITES

Take advantage of mobile commerce by Sam Gupta, Synapse Worldwide

ACCOUNTING

Getting the right people

by Andrew Sykes

Like so many other areas of good business management getting the right plan in place for management of your human resources can increase profits dramatically if implemented correctly. Getting the right equipment for the job is accepted as essential and it is with this same philosophy recruiting the right people into your organisation should be viewed. Person Specification What type of person are you seeking? Do they need to be innovative, responsible, good with machinery or stock, or self-motivated? How will you test this at the interview? Advertise How can you use the advertisement to encourage your existing employees rather than de-motivate them? If you are not formally advertising then develop a statement that explains the sort of person you require and the qualities they must have. This is better than asking around the pub if anyone knows of anyone looking for work! Interview Project A way of minimising the risk of a recruitment mistake is to get the final applicants to undertake a project. For example, an applicant for a storeman’s position can demonstrate their skills in the loading docks. Induction Don’t throw your new employee into the deep end. Induction maximises the start up performance of a new employee. The key to finding the best person is locating the person with the most appropriate core values. An advertisement in a USA paper for a hotel said “we don’t train our people to be nice - we just hire nice people”. Solo Recruiting Too often people recruit on their own. It’s very difficult to manage your own performance, plus watch the reactions of the person you are interviewing. Never recruit on your own. Lack of Preparation People never make the time to effectively prepare for their recruitment interview. Part of the reason for this is that they have done so many before, they have tricked themselves into believing they are good at it. Halo Effect This occurs when your applicant makes mention of something you feel good about. Perhaps they are a member of a similar sporting club or group to you. As soon as you hear this common ground, then everything they say is biased in your mind. Be careful about the halo effect, it can lead you astray! People assume that recruitment is an easy process, when in fact, it’s quite difficult to develop the key skills required to be effective in the recruitment process. This is especially hard when you only recruit once in a blue moon. Consider engaging the assistance of a professional to assist you in the process. They will charge a fee but it is usually money well spent.

Bird Cameron

Chartered Accountants

For further business improvement strategies, speak to Andrew Sykes on 02 6217 0333 or andrew.sykes@rsmi.com.au.

BANKING

By Paul Lanzon

Spring selling season

Spring is often seen as a busy time for buying and selling property. As the weather begins to heat up and people spring into life, traditionally so does the property market. So, if you’re looking to buy a property, there are a few things you could do beforehand to ensure you’re able to act quickly when you’ve found the right property, and avoid disappointment. Know what you can borrow When searching for a property, knowing how much you could borrow and how much your mortgage repayments are could help you purchase your property sooner. Knowing exactly where you stand before making an offer could also help avoid delays in purchasing and as a result, avoid somebody else making an offer on the property. Get to know the market Knowing how much you could borrow could also assist in determining suitable suburbs in your price range. Utilising property profile reports and market trends could give you the information you need to make informed decisions about what a property might be worth. And if you’re looking to sell, reports could help give you an estimate on your existing property’s worth. Pay on the day Once you’ve found the perfect property, you might be confused about what comes next. Having the cash on hand for a deposit is one way, however there could be other options as well. This could include utilising existing equity, increasing your current mortgage or utilising a deposit bond, which could cover the entire cost of the deposit. Arranging the deposit before committing to a property could give you the peace of mind to make the decision on the day. Spring in your step Whether it’s your first house, an investment property or just a new home, finding the perfect place could be daunting. But, by adequately preparing yourself, there’s every chance you’ll get the property you really want to ‘spring’ for. If in doubt, speak to your mobile lender about your preferred option. Source: ‘ANZ Buy Ready’, ANZ.com.au http://www.anz.com.au/personal/home-loans/gettingstarted/anz-buy-ready/ Accessed 23rd June 2014 Disclaimer: The information is in summary form and does not purport to be complete. It is intended as a general guide only and is not a substitute for professional advice. The information does not take into account your personal needs and financial circumstances and you should consider whether it is appropriate for you.

For more information, contact Paul Lanzon, ANZ Mobile Lender, M: 0422 007 005 F: 02 8456 6021 E: lanzonp@anzmortgagesolutions.com This Mobile Lender operates as ANZ Mortgage Solutions Canberra Inner South & Queanbeyan/Jerrabomberra, ABN 74 122 012 720 an independently operated franchise of Australia and New Zealand Banking Group Limited (ANZ) ABN 11 005 357 522. Australian Credit Licence Number 234527. ANZ’s colour blue is a trade mark of ANZ. Terms and Conditions, fees and charges apply. All applications for credit are subject to ANZ’s normal credit approval criteria.

B2B M AGA ZIN E

N O V E M B E R 2 014

BOOKKEEPING

By Harry Hoang

BUSINESS ADVISORY

Who knew bookkeeping and management accounting could be fun?

Bookkeeping can be a challenge for many business owners, and even if they don’t mind bookkeeping, they might not enjoy doing it. One of my clients recently remarked to me, “I don’t like doing the books for my business because it is so easy to make mistakes, and the tasks are so tedious! And because I avoided bookkeeping altogether, I was faced with years of overdue bills, tax returns, and so on.” While keeping on top of your accounts can be a real hassle, keeping track of the incomings and outgoings of your business is crucial to its survival. Bookkeeping and management accounting can be fun when businesses have the right procedures in place! As each business is unique and thus the business environment might be entirely different even for two similar shops along the same street, it is important that business owners work through what processes are right for their organisations. They should then verbalise and record the processes onto a procedure manual. I would like to take this opportunity to share some tips on compiling a bookkeeping and management accounting procedure manual for your business: 1. The manual must be a written document that is easily accessible for all your staff and produced in consultation with the whole team and not just those who are in charge of a particular procedure or project; 2. Ensure that the manual is always a work-in-progress that requires consistent and regular updates. Cloud technology has revolutionised the accounting and bookkeeping industry, hence business owners need to stay abreast with the latest bookkeeping systems and procedures; 3. Ensure that the manual is not only filled with words, but accompanied with appropriate and relevant graphics and screenshots to facilitate understanding; and 4. Most importantly, you need to implement your newly written procedures via regular training sessions so that the procedures become part and parcel of your business system and operations. When all is said and done and you still feel that doing the books is something that you either can’t or don’t want to handle, you can choose to outsource bookkeeping to a firm or an online service provider. When you work with Tailored Accounts, our team of highly qualified accountants and bookkeepers will do your books for you. We are also experienced in a range of accounting softwares including but not limited to Xero, MYOB and Quicken. To learn more about our services, visit http://tailoredaccounts.com.au/ today!

Harry Hoang is Tailored Accounts Executive Director Glebe Park Apartment, Ground Floor - 186/15 Coranderrk St, Canberra T: 02 6169 6763 | M: 0434 196 607 E: info@tailoredaccounts.com.au | www.tailoredaccounts.com.au

N O V E M B E R 2 014

B2B M AGA ZIN E

By Stephen Hipkin

Avoiding incidents of fraud and corruption

The tough business environment currently being experienced in Australia has undoubtedly led to a significant increase in the pressure and incentive to commit fraud and corruption. Often linked to poor governance, fraud and corruption is a serious risk for any entity. Indications are that dishonesty has an impact way beyond financial loss. Specifically, it undermines operational effectiveness and reliability and can severely damage an organisation’s reputation. Whilst every Australian entity is vulnerable to fraud and corruption, certain factors increase the risk. These include the size of the business, geographic distribution, diversity of business functions, the impact of both regulatory compliance and technology, along with the risks inherent within the industry sector in which they operate. The most efficient and cost effective way of managing the risk is proactively – an understanding of fraud and corruption risks that directly or indirectly apply to an entity is a vital first step in establishing an effective risk framework. The process for conducting a fraud and corruption risk assessment is laid down in Australian Standard 8001 – Fraud & Corruption Control. In order to assess the extent to which your organisation is able to manage such risk, you may wish to consider the following questions: • Has a Fraud & Corruption Control Plan been developed and actioned? • Is your fraud and corruption control function adequately resourced? • Is your Senior Management Team sufficiently knowledgeable and aware of the risks from fraud and corruption? • Are high risk business processes subjected to a rigorous system of internal controls? • To what extent does positive verification of employees, contractors, suppliers and customers take place? • Have you implemented systems aimed at detecting fraud and corruption as soon as possible after it has occurred? • Do you have adequate means for employees and third parties to report suspicious conduct and concerns? • Do adequate fraud and corruption policies and procedures exist? • Do you have access to a qualified investigation resource, able to manage identified cases? • Has a programme been developed to capture, report, analyse and escalate all detected fraud and corruption incidents? • Do clear and relevant HR guidelines exist? • Does a review of internal controls always occur following the detection of an incident, or in conjunction with an annual audit? Whilst exposure to fraud and corruption can never be totally eradicated, proactive assessment and management of fraud & corruption will help minimise your exposure. Expert consultation can act to prevent substantial loss, if sought early.

Stephen is a Director at Vincents Chartered Accountants and provides specialist advice in the areas of corporate and government fraud investigation, anti-bribery and corruption compliance and remedial fraud risk assessment. For more information, contact Vincents, Level 7, AMP Tower, 1 Hobart Pl, Canberra City. T: 6274 3400 F: 6274 3499 E: shipkin@vincents.com.au W: www.vincents.com.au

Low cost storage in the palm of your hand 4m x 3m units from

$219

per month

Join us for our inaugural Annual Dinner with Rod Sims, Chairman, ACCC Hear one of Australia’s most accomplished company directors, corporate strategists and federal regulators as he reflects on what makes effective leadership – and what to look out for in 2015.

04554-2_14

Wednesday 26 November 2014 – National Portrait Gallery

Reserve your seat t: 1300 764 633 w: companydirectors.com.au/events

ZOO 51988

Call 1300 476 276 snapnstore.com.au

BUSINESS LAW

by Mark Love

CORPORATE GOVERNANCE

Safety defects in building construction goods

No matter what industry you are engaged in, you will no doubt have experienced the stress associated with the purchase, production, re-sale or use of defective goods or materials. It is a common issue, even where goods have been certified compliant with Australian Standards. In addition to the logistical challenges associated with the repair, replacement or refunding of such goods, defective products can carry serious liability risks, particularly where safety becomes a concern. Many businesses struggle to know, who exactly is liable for defective goods? The Australian Consumer Law (ACL) has gone some way to demarcate such responsibility in relation to consumer goods. The basic (and rather obvious) principle is that the buck stops with the party to whom the fault can be attributed. Usually the manufacturer will bear the ultimate liability for the rectification costs, as well as compensation for any resulting loss and damage (including injuries, death or economic loss) (sections 138–149, ACL). The ACL definition of “manufacturer” is broad and can extend to product retailers. If you or your business makes, imports the product (where the maker does not have an Australian office), uses its own brand name in relation to the product or holds itself out as the product manufacturer, you may be deemed to be the manufacturer (section 7, ACL). It is a concern for many businesses, particularly the building and construction industry where the burden is often borne by those at the very end of the supply chain; the builders, installers and building owners. Under the ACL, consumers are entitled to certain ‘guarantees’ that ensure goods supplied are of an acceptable and defect-free quality (section 54, ACL). If you supply/install defective goods you will usually be responsible for a refund, repair or replacement (sections 123-124, ACL). That said, if the defect was caused by a manufacturing fault, you may be entitled to pursue and recover those costs directly from the manufacturer. Liability for defective goods can be mitigated, to some extent, by the terms of your commercial contracts. Businesses should review their contract indemnity provisions and insurance policies and seek legal advice on their exposure. If you discover a safety defect in a good that you supply or have supplied, notify the manufacturer/distributor immediately and, if you believe the defect presents a direct risk to persons or property, you should contact the Australian Competition & Consumer Commission.

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

N O V E M B E R 2 014

by Phil Butler

Not-for-profit governance study released

The Australian Institute of Company Directors recently released its NFP Governance and Performance Study, the largest study of its kind in Australia. With close to 3,000 respondents plus a range of focus groups held across Australia, this study was a unique opportunity to delve into the thinking of directors and executives of the NFP sector. A range of themes emerged from the study, and these will be explored over the coming months. One theme was how much more mature the governance in this sector had become. It was particularly evident in larger organisations – those with turnovers of greater than $2 million— as directors rated the performance of their boards to be greater than 7 out of 10. The rating of board performance was also quite consistent across sub-sectors with aged care, international, health and social services (among others) on average all rated their governance above 7 out of 10. It was also notable that with the extra maturity, many organisations were reviewing their governance structures and documents to ensure they were still appropriate. Another key theme that emerged was that collaboration and mergers were more likely in this sector. This was raised at a range of focus groups as well as through the online survey and showed that mergers were being discussed by more than 30 per cent of boards. Organisations with more than $10 million turnover were most likely to be in merger discussions. It is apparent that the economies of scale to be gained by larger organisations, was the prime motivator underpinning discussion regarding mergers, and of course the ability to broaden the range of services available. Another theme was the desire of boards to have more relevant performance indicators to measure the achievement of their organisation. Only 50% of directors felt that they were effective in measuring how well the organisation was achieving its mission. For organisations with more tightly defined purposes (such as participation numbers in sporting organisations), the issue was not as difficult. However, organisations such as disability, and aged care for example had real challenges in defining and measuring indicators of wellbeing or quality of life. The 2014 NFP Governance and Performance Study continues to show the amazing difference that the NFP sector makes to our society and the unique contribution which directors and volunteers make to the sector. Conducted on behalf of Company Directors by research firm BaxterLawley and sponsored by the Commonwealth Bank of Australia, the study looked at the future needs of boards and specific issues such as collaboration and mergers, performance measurement, and the relationship between the board and the CEO. To view the 2014 NFP Governance and Performance Study, visit www.companydirectors.com.au

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

B2B M AGA ZIN E

There is now a waste management course for commercial cleaners – ACTSmart Business Cleaner. The course focuses on the collection and disposal of waste and recycling and can help Canberra reduce waste sent to landfill. So if you choose an ACTSmart Business cleaner, you are: Helping to reduce waste Helping responsible local business grow Check the website for course details as we also provide onsite training for 6 or more cleaners.

www.actsmart.act.gov.au or call Canberra Connect on 13 22 81

By supporting commercial cleaners who successfully complete this course, you’re helping to reduce landfill in our own backyard

ACTSmart Cleaners_B2B 105x176mm.indd 1

11/5/2014 11:12:09 AM

Your IT system just went down… Your back-up failed… Let us manage your IT and take the stress out of your day Contact our IT experts 1800 988 093 (toll free) info@archetypeit.com.au

FAMILY LAW

by Carrie Gan

FINANCIAL PLANNING

Disposing of assets after separation – “add backs” becoming a thing of the past?

What is an “add back”? Until recently, the Family Law Courts often treated property disposed of by a party after separation as notional property and “added back” the value of that property to the pool to be divided. The Court would often take this step if: 1. The asset was deliberately disposed of for the purposes of reducing or minimising the value of the matrimonial assets; 2. One party acted recklessly, negligently or wantonly with matrimonial assets and that reduced the value of those assets or the pool; 3. Money spent on legal fees had come from joint funds; 4. One party “wasted” joint funds or matrimonial assets, e.g. by gambling. What is the current approach to “add backs”? In recent cases, the Courts seem to be moving away from the idea of “add backs” and dealing with post-separation disposal of assets in another way. (See, for example, Mayne & Mayne (2011) FLC 93-479), Stanford & Stanford (2012 FLC 93-518 and Bevan & Bevan (2013) FLC 93-545) From these recent cases, it appears the Courts now prefer to deal with disposal of assets as something to be “taken into account”. The Court has a broad discretion to take account of “any fact or circumstance which, in the opinion of the court, the justice of the case requires to be taken into account”. The Court has the power to make an adjustment against one party to take account of any assets that were disposed of by that party. For example, if a husband spends $50,000 from joint funds after separation on a luxury holiday, the Court might make an adjustment against the husband such that he will receive less of the property pool than he would have received, if he had not spent that money. Ultimately, any adjustment made by the Court must be subject to the overarching consideration that it is “just and equitable”. What does this mean if you are going through a property settlement? Negotiating and settlement takes time; litigating an outcome can take years. Pending a property settlement, people still need to get on with their lives. Assets disposed of in order to meet “reasonable living expenses” are not likely to be taken into account in an adverse way against the party who utilised those assets. In the context of a family law property settlement, the issue of how to deal with assets that have been disposed of is complex and it will depend on all of the circumstances involved. It is important to obtain specialist advice to ensure that your property settlement is fair for you. If you have any queries regarding your property settlement, you can make an appointment to discuss with one of our family law team.

Carrie Gan, Lawyer. 18 Kendall Lane, New Acton Canberra City ACT 2601 T: (02) 6212 7600 E: mail@ddcslawyers.com.au www.ddcslawyers.com.au

N O V E M B E R 2 014

B2B M AGA ZIN E

by Luke Smith

D-Day for pensioners is approaching

With important new deeming rules coming into effect on 1 January 2015, now is the time to review your superannuation and pension arrangements to ensure you don’t miss out on valuable Social Security entitlements. Account based pensions have generally been given favourable treatment when Social Security assesses your eligibility for benefits such as the Age Pension and the Disability Support Pension. As a result, many people with account-based pensions are currently able to receive valuable government support, topping up their own pension account payments to help their retirement savings last longer. This is set to change from 1st January 2015, when new ‘deeming’ rules come into effect for account-based pensions making them subject to the same ‘deeming’ rules that currently apply to financial investments (exceptions apply). It is therefore important to review your Social Security entitlements now and make any changes well before 1st January 2015 as account based pensions commenced prior to this date for an income support recipient will not be subject to the new deeming rules (unless you move your balance to a new account based pension or the income support payment ceases from 1st January 2015). Equally important is to assess whether setting up a new account based pension prior to this date would be beneficial for you. If you haven’t yet opened an account-based pension, and you are currently eligible to do so (e.g. if you are aged 55 or over), there may be benefits in starting an account based pension and applying for Social Security income support payments (where eligible) before 1st January 2015. To find our more, or to discuss your situation, please call Dragonfly Financial Services on (02) 6273 3118. General Advice Warning:

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

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

A Magnificent Musical Showcase ESAOTN GS R E AT E! L A S

Simon O’Neill

Inessa Galante

Peter Coleman-Wright

VOICES IN THE FOREST

30th NOVEMBER 2014

4.45PM – 8.30PM | GATES OPEN 1.30PM NATIONAL ARBORETUM CANBERRA

World-Renowned Performers

Enjoy superb performances by three of the world’s most beautiful voices. Starring Latvian soprano Inessa Galante, who is known for her voluminously warm and resonant voice and depth of expression. The superb voices of tenor Simon O’Neill and baritone Peter Coleman-Wright will perform famous male duets such as the Pearl Fishers Duet for the first time at the Voices in the Forest concert. “Peter Coleman-Wright brings great humanity to music. He is one of our great actors on the stage”. Brett Dean, composer “Simon O’Neill is the most complete Otello since Placido Domingo — his grandest passages are deeply stirring”. Michael Tanner, BBC Music Magazine

Sit back and enjoy an unsurpassed late afternoon’s entertainment provided by a superb program of famous arias and Broadway love songs.

MAJOR SPONSOR

MEDIA PARTNERS

GOLD SPONSOR

Dinner after the show

Continue your evening with dinner after the show in the spectacular, award-winning Village Centre. The dinner is a seated 2-course meal including wines, beer and soft drinks. Tickets are $75 per head in additional to the purchase of a concert ticket.

Why not book a group package Want to entertain friends and family? Want to do something different for your Christmas office function or entertain staff and clients at a unique event? In a stunning location? Overlooking fabulous views? And with a relaxed vibe? Group packages include 10 A Reserve concert tickets (preferential seating), tickets to dinner after the show and parking vouchers. Cost is $2100 (including gst) for a package of 10 tickets. Packages can be purchased for any number of tickets of 10 or more. Visit the website to download a booking form or email the event organiser, dami@voicesintheforest.com.au BRONZE SPONSORS

SUPPORTED BY

Sponsor of the National Arboretum Village Centre

For information about travel and parking arrangements, the venue and the program, please B 2visit B M www.voicesintheforest.com.au AGA ZINE N O V E M B E R 2 014 25

INTELLECTUAL PROPERTY

by Shaun Creighton

International protection of your Trade Marks

We often meet with clients who are surprised to learn that their registered trade mark provides no protection in other countries. Like other forms of IP, trade marks are registered on a per country basis. If wishing to extend protection of your Australian trade mark rights to other countries, do you need to engage lawyers or trade mark attorneys in those specific countries? The answer, like the answer to many legal questions, is “it depends”. International Applications which we can file from Australia: Australia is a signatory to an international convention called the Madrid Protocol. A single International Application may be filed (from Australia) under the Madrid Protocol nominating any country that is also a signatory to that international instrument. Such applications act as a bundle of applications filed in the designated countries and, if accepted, International Registration is issued by the International Bureau at the World Intellectual Property Organisation (WIPO). International applications using the Madrid Protocol would be based on the Australian trade mark application(s). Under a different international convention (the Paris Convention), if an international application is filed in a country which also a signatory to that convention within 6 months of the Australian filing date, the international application will benefit from the Australian filing date (ie it will be deemed as filed on the Australian trade mark filing date, and if it proceeds to registration, be registered from the Australian filing date). Most countries are signatories to the Paris Convention, but only about half the countries in the world are signatories to the Madrid Protocol. The following are examples of countries that are signatories to the Madrid Protocol: the USA, the European Union (including the UK), China, Japan, New Zealand. International Applications where an International Agent is required: If wishing to file a trade mark application in a country that is not a signatory to the Madrid Protocol, then a local lawyer / trade mark attorney will usually need to be instructed. We have a network of international agents we can use to assist in such circumstances. Avoiding infringement: pre-filing and pre-use searches Finally, since your Australian trade mark does not provide rights in other jurisdictions, before using a trade mark in another country, it is prudent to first have searches conducted to ensure you can protect your brand in those jurisdictions and that use won’t infringe the rights of other parties in those jurisdictions. ARETE Group has a team of IP lawyers and Trade Mark Attorneys. We can assist with all of your Australian and international trade mark requirements (including, if necessary, instructing agents in specific countries).

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

N O V E M B E R 2 014

B2B M AGA ZIN E

PROPERTY INVESTING

by Julie Cumming

Selling your investment property

If you’d like to make a profit when you sell your investment property – after all, isn’t that the reason you have the property in the first place? — make sure you pay attention to these key factors: presentation and market appeal of the property; and financial implications and timing for the tax year. Decide whether selling the property with tenants in place is an advantage or whether you’d be better off to sell the property empty. If you opt to wait until the lease has expired and the tenants have left, I highly recommend having the property professionally furnished and styled. You will have a better chance of gaining a premium price if buyers can see the ‘lifestyle’ potential in the home rather than seeing only the bare floors and walls. The profit gained through the property sale will generally far out weigh any expenses incurred and the time without rental income— if you’re efficient in managing the sale process and realistic about the sale price. Be aware of how the tenant has cared for and maintained your property. This will affect your end sales result. It can be a big imposition on tenants to have to have regular open homes requiring them to make the home presentable and to vacate their home at inspection times. Some tenants will be cooperative and respectful while others will be uncooperative. Have you ever entered a home that is being marketed for sale and questioned if the sellers were aware you were coming? Don’t make this mistake— your investment property needs to make a positive first impression. Once potential buyers have been wowed, they are more tolerant of little imperfections. On the other hand, if there’s no initial wow factor, the property’s imperfections will remain with the buyer. Buyers tend to select property by excluding those they are not interested in so making a good first impression is important. A grubby tenant or a vacant unfurnished property will not deliver this wow factor and is likely to translate into a poor financial outcome for the owner. A discussion with your accountant is also wise to establish the capital gains tax implications and to decide strategically when is the best time to sell. Being a day out on the wrong side of 30th June can have a big impact, both positive and negative. Forward planning will give you the most flexibility and the best possible outcome. At Hatch Property Australia we offer the opportunity to review your current property portfolio, be it one or several properties, help you establish a strategy that is relevant to the current market conditions, and work with you to achieve the best possible outcome for your investment property.

Julie M Cumming, Director, Hatch Property Australia M: 0404 453 397 E: julie@hatchproperty.com.au www.hatchproperty.com.au

QUALIFIED PROPERTY INVESTMENT ADVISER

QPIA

RECRUITMENT

by Jim Roy

WEBSITES

Gender diversity

Gender diversity is a huge topic and there are many experts worldwide. The team here at Hays decided to take a look at the role of unconscious bias to see how deep seated attitudes play a role in determining the gender of hires – there were some fascinating findings… When presented with two equally qualified candidates, one male and one female, we found that the man is more likely to get an interview. Hays, together with Insync Surveys, asked 1029 hiring managers to review a CV then answer a series of questions about the candidate’s attributes, skills and probability they would be interviewed. 515 reviewed the CV of ‘Susan’ and 514 reviewed an identical CV but for one notable change – the name was altered to ‘Simon’. The study found: More recruitment experience means more bias • Survey respondents who hire more than 20 people a year were more likely to interview ‘Simon’ over ‘Susan’ (65% vs 51%). • For hiring managers who recruited less regularly, the gap between ‘Susan’ and ‘Simon’ reduced to just 3% We prefer candidates just like us – but still hire more men • Female respondents said ‘Susan’ matched 14 of the 20 attributes needed for the job extremely well, but ‘Simon’ only matched 6 of the 20 attributes extremely well. • Men said ‘Simon’ matched 14 of the 20 attributes extremely well, but ‘Susan’ matched only 6 of the 20 attributes extremely well. • Despite this, both genders were significantly more likely to interview and hire ‘Simon’ rather than ‘Susan’. Public and not-for-profit bias towards women • 31 % of public and not-for-profit respondents said ‘Simon’ had the leadership skills to do the job, compared to 42 % in the private sector. • Public and not-for-profit sector respondents were also more likely to see ‘Susan’ rather than ‘Simon’ as having the technical skills (36 % vs 30 %) and leadership skills (39 % vs 31 %) to perform the role. Organisations are still not serious (enough) about gender diversity • 56 % of hiring managers said plans and resources need to be put in place or improved to help achieve gender diversity in their organisation. • 44 % said their CEO is not serious enough about achieving gender diversity in their organisation. • 39 % said their senior executives need to be better role models of diversity and inclusiveness. This study shows that more needs to be done to educate hiring managers around gender diversity policies and to get commitment from senior executives to openly support gender diversity. Certainly there are still questions to answer, but we hope our findings are a catalyst that sparks continued and important dialogue about gender diversity in Australia. See the full report at www.hays.com.au/gender-diversity

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

by Sam Gupta

Take advantage of mobile commerce

The ecommerce and mobile commerce trend is continually growing in Australia. More than 75% of people choose mobile devices for the convenience factor. Around 17% of Australians shop via their mobile devices. Most people keep their mobile devices close to them throughout the day. The natural progression is to buy goods and services via mobile, because it’s accessible, fast and convenient. To take advantage of this trend, my advice is to start simple. Get a responsive website first. With the increase of mobile and tablet use in Australia and around the world, it is very important to optimise your website for mobile devices. Speed is the key, customers have no tolerance for sites that take forever to load on their mobiles. Secondly, make it easy for customer to make a payment. Just over 60% of all mobile purchases are for digital goods such as an app or music. Have you thought about creating an app for your customers? Take advantage of the new trends and offer customers the opportunity to buy your product or service through their mobile and tablet devices. Resist the temptation to go overboard on these devices. Keep the user interface clean and clutter free. Simple call to action buttons work well — the opportunities are limitless. In the near future, near field communication (NFC) on mobile phones will pick up, where you can simply wave your mobile phone in front of the counter, accept the payment, and check out with ease. There is also a huge growth in the acceptance of the eWallet concept around the world where your credit cards are securely stored. When checking out from an online store, you simply choose the card from which to pay. You won’t need to enter the credit card number as your eWallet takes care of the payment for you. New types of payment options are also gaining momentum. To succeed in these changing times, you need to embrace the technology now. Both ecommerce and mobile commerce are great ways to extend your product and services to a larger market or provide a value-added service to existing customers. To find out how your business can take advantage of ecommerce and mobile commerce, book an obligation free 1 hour consultation. Call 1300785230 or send an email to admin@synapseworldwide.com.

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

B2B M AGA ZIN E

N O V E M B E R 2 014

G2B

MINISTER’S MESSAGE

Trade visit to Singapore and Tokyo ANDREW BARR

ACT DEPUTY CHIEF MINISTER TREASURER MINISTER FOR ECONOMIC DEVELOPMENT

N O V E M B E R 2 014

ast month I had the pleasure of leading a delegation to Singapore and Tokyo where I was able to highlight the great potential our city offers for foreign investors and promote Canberra as a tourist destination to a wider audience across Asia. I always enjoy these relationship building missions, and I am pleased to say that my latest trip to the region was characterised by the same success and enthusiasm I enjoyed in Singapore and Hong Kong during a ministerial delegation and trade mission I led in June of this year. During this trip I was heartened to learn of the growing national focus on business and trade opportunities between Australia and Singapore, which validates the ACT Government’s strong focus on this market. It was also encouraging to hear the importance and strength of the Australia-Japan relationship at a variety of levels being reinforced. This latest visit focussed on a number of key objectives, including the completion of our program of bond investor meetings; encouraging investment in Canberra by Singaporean and Japanese organisations and financial institutions; supporting the tourism industry relationship between Canberra and Singapore, including making the case for direct flights between the two cities; and studying relevant infrastructure projects such as Singapore’s rail corridor densification. Significant progress was made on all of these objectives and I am pleased to announce that following this delegation, VisitCanberra will continue to work with Tourism Australia and key travel and trade partners in Singapore to increase destination awareness and knowledge of what Canberra has to offer. Direct flights between Canberra and Singapore also remain on the agenda, with Tourism Australia continuing to provide their support to our ongoing negotiations. In recent trips to Asia, I and other Ministers have sent a very strong message that Canberra is open for business and ready for international investment. In addition to promoting Canberra as a tourist destination, this trip provided me with the opportunity to showcase investment opportunities in Canberra. As part of attracting new international investors to the Territory, I met with a number of

B2B M AGA ZIN E

companies in Singapore and Japan, where I outlined some of the key investment opportunities such as tourism, aviation, renewable energy, City to the Lake and Capital Metro. I was able to follow-up with a number of companies who are interested in bidding on Capital Metro, and following the release of the business case late last month I am excited for the future of this project. I was also fortunate to meet with a number of key leaders within Singapore’s public transport system, and I am enthusiastic about investigating how we can continue to make Canberra’s public transport system more integrated and efficient. It is my hope that some of the benefits of these relationship building missions will begin to take shape over the coming months and I look forward to providing regular updates. Meanwhile I was pleased to step in for the Chief Minister at the ACT Export Awards held recently. Congratulations to all the winners who have all done an outstanding job over the past 12 months to market and sell their products overseas. If you would like information on exporting visit www.business.act.gov.au.

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

For all your printing needs let us be part of your story...

focusprintgroup.com.au 02 8755 7820 B2B M AGA ZIN E

N O V E M B E R 2 014

A2B

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

Congratulations Glenn Keys: ACT Australian of the year CHRIS FA U L K S

CEO CANBERRA BUSINESS CHAMBER

GLENN KEYS 2015 ACT AUSTRALIAN OF THE YEAR

N O V E M B E R 2 014

ongratulations to Canberra Business Chamber Board member, Glenn Keys, who was named the 2015 ACT Australian of the Year at a ceremony in Canberra on 3 November 2014. Glenn was recognized not only as a successful businessman and a leader in Canberra’s business community, but as a philanthropist and disability campaigner. Each year the Australian of the Year Awards shine a light on Australians who have gone above and beyond to make a positive impact on our community. Glenn Keys’ achievements and his contribution back to his community make him a very worthy recipient of the 2015 ACT Australian of the Year Award. The story of Aspen Medical and Glenn as its Managing Director reflects the remarkable opportunities that exist in Canberra for businesses to establish and grow globally and for individuals to make a significant contribution back to their community. Glenn is managing director of Aspen Medical, an incredibly successful Australian and international healthcare provider that was established in Canberra in 2003. Like many other Canberra businesses, Aspen Medical started small – in Glenn’s case as a micro business in the dining room of his Chapman home for the first year. Also like an increasing number of Canberra businesses, Aspen was born with a global focus. Aspen won its first contract in 2003 which involved reducing the NHS’s massive waiting list for orthopaedic surgery in the north of England. This was followed by contracts in the Solomon Islands and East Temora delivering medical services – everything from buildings, equipment, people, pharmaceuticals, consumables and aero-medical evacuation. In 2012 Aspen won a contract worth hundreds of millions of dollars to provide medical services at all of Australia’s Defence bases. Aspen’s global growth continued with a contract to provide battlefield casualty first aid training at Al Minhad Air Base in the UAE to 16,000 Australian Defence Force personnel and civilians prior to them deploying to Afghanistan. B2B M AGA ZIN E

In 2012, Aspen also began providing ambulance services in Abu Dhabi through its affiliate, the National Ambulance Company (NAC) and has expanded its presence in the Middle East to provide ambulance services in six of the seven countries that make up the United Arab Emirates In 2013, Aspen began providing Helicopter Emergency Medical Services (HEMS) to all subsidiary companies in the Abu Dhabi National Oil Company (ADNOC), one of the world’s top ten oil companies. Aspen Medical was crowned the ACT Exporter of the Year in 2011, 2012 and 2013 and was the National Exporter of the Year in Health & Biotechnology in 2013. Throughout this rapid expansion the company remained headquartered in Canberra. Aspen now employs over 2,500 people across Australia and around the world. But Glenn Keys, was not named 2015 ACT Australian of the Year simply for his success in business. He was recognised for his achievements and his contribution back to the community - both in a corporate sense and as an individual. Aspen Medical has its own foundation which uses a percentage of profits to tackle major Australian health issues – such as trachoma, the eye infection which remains a common cause of blindness in outback Aboriginal populations. Glenn also gives back to the Canberra Business community, as an active member of the Board of Canberra Business Council, now Canberra Business Chamber as well as being active in a number of organisations that work to maximise opportunities for people with disabilities. Glenn is the chairman of the Special Olympics in the ACT and was appointed to the board of the National Disability Insurance Agency (NDIA), an independent statutory agency, whose role is to implement the national disability insurance scheme (NDIS) in 2013. More recently Glenn was inspired by his son Ehren, who has Down syndrome, to start Project Independence, a new housing initiative, offering home ownership options for people with disabilities. Glenn will join the other finalists for the National Australian of the Year Awards which will be announced in January 2015.

YOUR LIFE will be

FULL OF CHALLENGES. T H E R E ’ S N O AV O I D I N G I T.

But for every significant P E R S O N A L C H A L L E N G E Y O U FA C E ,

WE CAN HELP YOU Y O U R way T H R O U G H T O

navigate

A C H I E V E

AN OUTCOME THAT I S

B E S T

F O R

Y O U .

You only live once. B U T

W I T H

T H E

H E L P

O F

A D V I C E

from

YOUR LAWYERS , O N C E

I S

E N O U G H .

6212 7600 www.ddcslawyers.com.au Kendall Lane, NewActon B2B M AGA ZIN E

N O V E M B E R 2 014

B2B @ CONTEMPORARY LAUNCH NATIONAL GALLERY OF AUSTRALIA

N O V E M B E R 2 014

B2B M AGA ZIN E

Thank you Canberra If only there was enough space on this page to fully evoke our heartfelt gratitude. After 26 years of providing Italian cuisine, La Scala Restaurant will be closing its door at the end of December. Between now and then we will be bringing back some of our favourite dishes on an encore specials menu. We want to thank you for being part of our family. Ciao

The Academy of Italian Cuisine 2012 – Admitted to the Academy. 2014 – Awarded the Academy’s highest Award, the “PIATTO d’Argento”.

Centre Cinema Building Bunda Street Canberra City 2601 Ph: 02 6248 8338 / Fax: 02 6248 8551

Email: la-scala@iimetro.com.au Web: www.lascala.net.au B2B M AGA ZIN E

N O V E M B E R 2 014

B2B @ CANBERRA BUSINESS CHAMBER CIT

N O V E M B E R 2 014

B2B M AGA ZIN E

Premiere event!

s a m t s i Chr A CSO

presenting a concert of Christmas favourites

Saturday 6 December 2014 2.00pm & 7.30pm Llewellyn Hall, ANU Timothy Sexton Conductor Rachael Beck Soprano with the Woden Valley Youth Choir

d Tickets can be purchase 14 20 r you of rt pa as subscription . CSO Direct 6262 6772

Book early to avoid disappointment! Individual tickets 1300 795 012 or ticketek.com.au

This program is supported by the Australian Government

B2B @ CAPO PREVIEW CMAG

N O V E M B E R 2 014

B2B M AGA ZIN E

Let’s talk.

At RSM Bird Cameron we take the time to understand you and your unique story. We don’t start talking about what you have until we know who you are. Let us get to know your story.

LEVEL 1, 103-105 NORTHBOURNE AVENUE CANBERRA CITY | (02) 6217 0300

www.rsmi.com.au

Bird Cameron

Chartered Accountants

B2B @ ACT CHIEF MINISTER EXPORT AWARDS HYAT T

N O V E M B E R 2 014

B2B M AGA ZIN E

â&#x20AC;&#x153;

Whether you make a dot to mark the start of a journey, or put a cluster of dots together to create an image. It all begins with a dot. to start your creative journey email: info@evendots.com.au

graphic design print branding web design strategy www.evendots.com.au B2B M AGA ZIN E

N O V E M B E R 2 014

Our Corporate Programme provides benefits for you.

• Purchase the car of your dreams • Preferential corporate pricing ^ • Complimentary scheduled servicing*

A Daimler Brand

Mercedes-Benz vehicles are renowned for quality, safety, luxury and performance. That’s why cars with the Mercedes-Benz three-pointed star are the choice of those who demand the best. That choice is even easier if you qualify for our Corporate Programme. Our Corporate Sales Consultants at authorised Mercedes-Benz dealerships can provide eligible customers with a range of privileges including complimentary scheduled servicing.* In fact, the benefits you receive with your new Mercedes-Benz may evoke more envy than the badge. For full details, call 1800 888 170 or visit www.mercedes-benz.com.au/corporate

^Preferential pricing may not be applicable to all models. *Up to 3 years or 75,000km (whichever comes first). AMG (excluding V12 vehicles) 3 years or 60,000km (whichever comes first). All V12 vehicles 3 years or 50,000km (whichever comes first).