b2b in canberra july 2011(issue 62)

JULY 2011 62b2bincanberra.com.au

NEW BUSINESS SERVICES COLUMNKazar Slaven explain your obligation under the new PSSA Act 2009

SUPPORT THE FRIENDLY RIDERaising funds and awareness for acquired brain injury sufferers

ASPEN MEDICAL.

ISSN 1833-8232

9

771833 823005

01

ARE YOU IN A DE FACTO RELATIONSHIP?At what point does your girlfriend or boyfriend become your de facto partner?

DO YOU KNOW A GREAT BUSINESSWOMAN?Nominate them for the Chamber of Women in Business Awards

ARE YOUR STAFF BEING PAID CORRECTLY?Paying the printed award rate may not be enough.

A GREAT CANBERRA SUCCESS S TORY.

CanBerra’S BUSIneSS & GOVernMenT MaGaZIne

$4.95 inc. GST

C O N T E N T S

UPFRONT06 Start the new fi nancial year being smart, simple and secure with Peter Vickers Bookkeeping

07 The Friendly Ride: Would you ride 5000km to raise awareness about acquired brain injury?

OPINION

10 SURPRISE – You could be in a De Facto Relationship!

COVER STORY13 Aspen Medical: A great Canberra success stroy

PUBLISHER’S NOTEThere are plenty of good things to read in this issue. First, the cover story on Aspen Medical is a great local business success story. Glenn Keys and his team have grown a business from nothing to a $100 million dollar plus turnover in eight years. Read about this and their strong corporate social responsibility commitments. Also we have a new Business Services advice column starting this month from Kazar Slaven outlining some important points about the new Personal Property Securities Act 2009. And last but not lease happy new fi nancial year to you all. As Ted Turner said, ‘Early to bed and early to rise. work like hell and ... advertise’.

TIM BENSONPublisher

13 COVer STOrY

aSPenMeDICaL

a great Canberrasuccess storyLEGAL NOTICE

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 verifi ed 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 notifi es 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 qualifi cations 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 qualifi cations, and be satisfi ed from those enquiries that persons with whom they deal as a result of reading any material or advertisement have the necessary licences and professional qualifi cations 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.

LEGAL NOTICEMan 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 verifi ed 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 advertise-ments 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 notifi es 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 qualifi cations 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 qualifi cations, and be satisfi ed from those enquiries that persons with whom they deal as a result of reading any material or advertisement have the necessary licences and professional qualifi cations 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.

ISSN 1833-8232

PUBLISHER I EDITORTim Benson [email protected] 6161 2751

ADVERTISING ENQUIRIESTim Benson 0402 900 [email protected]

PUBLISHED BYMan Bites Dog Public relations aBn 30 932 483 322PO Box 4106 ainslie aCT 2602 t 02 6161 2751 f 02 6262 [email protected] b2bincanberra.com.au

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When Wednesday 27 July, 2011

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C O N T E N T S

17 ADVICE FROM THE EXPERTS18 ACCOUNTING Chamber of women in business awards 2011 By RSM Bird Cameron

ACCOUNTING SERVICES Superannuation contribution splitting By Hillross Wealth Management Centre Canberra

20 BUSINESS LAW Not over yet: your duties as a director after a dispute By Elringtons Lawyer

BUSINESS COACHING How to blog your way to further sales By 10X

23 BUSINESS SERVICES Director’s risks under the new PPSA By Kazar Slaven

COMMERCIAL LAW Defects and damages in construction contracts By Trinity Law

24 CORPORATE GOVERNANCE Is accountability lacking in the not for profit sector? By Australian Institute of Company Directors

ESTATE PLANNING Going overseas? Don’t forget to take your estate plan By Certus Law

27 INFORMATION SECURITY What you need to consider first prior to moving your business to the cloud By CommsNet Group

INTELLECTUAL PROPERTY Domain names 2.0, anybody? Opening up the top level domain space to include brands By Aruna Trade Mark Attorneys

28 INTERIOR PLANTSCAPING Now’s the time to improve your plant life balance By Ambius

PERFORMANCE ARCHITECTS Learning globally helps your business locally By Yellow Edge Performance Architects

30 REAL ESTATE Open homes an essential step to a successful sale By Maria Selleck Properties

RISK INSURANCE Trauma insurance By Capital Wealth

WEBSITES Google + You will it click? By Synapse Worldwide

A2B: ASSOCIATIONS TO BUSINESS 33 ACT EXPORTERS NETWORK: University of Canberra recognised

34 CANBERRA BUSINESS COUNCIL: Canberra: One of the world’s great national capitals

36 ACT & REGION CHAMBER OF COMMERCE & INDUSTRY: Welcome to a new fi nancial year

BUSINESS NETWORKING37 B2B @ ACT Exporters’ Network Lunch 38 B2B @ Canberra Business Council Lunch

07

37

33

38

EY

C O N T E N T S

17 ADVICE FROM THE EXPERTS18 ACCOUNTING Chamber of women in business awards 2011 By RSM Bird Cameron

ACCOUNTING SERVICES Superannuation contribution splitting By Hillross Wealth Management Centre Canberra

20 BUSINESS LAW Not over yet: your duties as a director after a dispute By Elringtons Lawyer

BUSINESS COACHING How to blog your way to further sales By 10X

23 BUSINESS SERVICES Director’s risks under the new PPSA By Kazar Slaven

COMMERCIAL LAW Defects and damages in construction contracts By Trinity Law

24 CORPORATE GOVERNANCE Is accountability lacking in the not for profit sector? By Australian Institute of Company Directors

ESTATE PLANNING Going overseas? Don’t forget to take your estate plan By Certus Law

27 INFORMATION SECURITY What you need to consider first prior to moving your business to the cloud By CommsNet Group

INTELLECTUAL PROPERTY Domain names 2.0, anybody? Opening up the top level domain space to include brands By Aruna Trade Mark Attorneys

28 INTERIOR PLANTSCAPING Now’s the time to improve your plant life balance By Ambius

PERFORMANCE ARCHITECTS Learning globally helps your business locally By Yellow Edge Performance Architects

30 REAL ESTATE Open homes � an essential step to a successful sale By Maria Selleck Properties

RISK INSURANCE Trauma insurance By Capital Wealth

WEBSITES Google + You � will it click? By Synapse Worldwide

A2B: ASSOCIATIONS TO BUSINESS 33 ACT EXPORTERS NETWORK: University of Canberra recognised

34 CANBERRA BUSINESS COUNCIL: Canberra: One of the world’s great national capitals

36 ACT & REGION CHAMBER OF COMMERCE & INDUSTRY: Welcome to a new fi nancial year

BUSINESS NETWORKING37 B2B @ ACT Exporters’ Network Lunch 38 B2B @ Canberra Business Council Lunch

07

37

33

38SETTLE FAMILY DISPUTES OUT OF COURTIt’s hard enough when a relationship ends. So the last thing you need is soaring legal costs, protracted, public court proceedings, and your personal affairs being determined by a judge.

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It’s discrete. It’s fair. And everybody leaves in agreement. For a new style of dispute resolution which puts you back in control, turn to Consensus.

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J U L Y 2 011 B 2 B I n C a n B e r r a6

U P F R O N T

Start the new fi nancial year being smart, simple and secure ...

Peter Vickers and Associates has been helping businesses to manage, protect and grow their wealth for over 30 years. From the outset, in providing accounting and financial advice to SMEs, it quickly became evident that bookkeeping was a major headache for most clients and is the most important function for a business to outsource. Peter Vickers Bookkeeping Services was born.

Our Bookkeepers have experience using a wide range of accounting and bookkeeping software and use this competence to help

Mook CliffordPeter Vickers And Associates

at Peter Vickers and associates our Bookkeepers have experience using a wide range of accounting and bookkeeping software and use this competence to help you select the most appropriate software for your business needs.

Dashboard from Xero

you select the most appropriate software for your business needs.

Software such as Xero – an online accounting system that is designed specifically for small businesses, is smart, simple and secure and allows you to stay in control of your business anywhere, anytime.

As a Xero Certified Partner, Peter Vickers Bookkeeping Services is able to utilise and offer the full range of Xero functionality to all our clients in

Canberra, at a reduced rate. If you would like to see how your

bookkeeping can become quick and efficient, call Mook Clifford on 0401 875 889 for a demonstration.

She is able to offer you a 2 month free trial of Xero (valid until the 31st of August) if you mention B2B when you call her or just say Xero.00

Mook Cliffordm: 0401 875 889 t: 02 6100 0456e: [email protected] www.pva.com.au

Looking to make your business more

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J U L Y 2 011 B 2 B I n C a n B e r r a

Start the new fi nancial year being smart, simple and secure ...

Peter Vickers and Associates has been helping businesses to manage, protect and grow their wealth for over 30 years. From the outset, in providing accounting and financial advice to SMEs, it quickly became evident that bookkeeping was a major headache for most clients and is the most important function for a business to outsource. Peter Vickers Bookkeeping Services was born.

Our Bookkeepers have experience using a wide range of accounting and bookkeeping software and use this competence to help

Mook CliffordPeter Vickers And Associates

at Peter Vickers and associates our Bookkeepers have experience using a wide range of accounting and bookkeeping software and use this competence to help you select the most appropriate software for your business needs.

Dashboard from Xero

you select the most appropriate software for your business needs.

Software such as Xero – an online accounting system that is designed specifically for small businesses, is smart, simple and secure and allows you to stay in control of your business anywhere, anytime.

As a Xero Certified Partner, Peter Vickers Bookkeeping Services is able to utilise and offer the full range of Xero functionality to all our clients in

Canberra, at a reduced rate. If you would like to see how your

bookkeeping can become quick and efficient, call Mook Clifford on 0401 875 889 for a demonstration.

She is able to offer you a 2 month free trial of Xero (valid until the 31st of August) if you mention B2B when you call her or just say Xero.00

Mook Cliffordm: 0401 875 889 t: 02 6100 0456e: [email protected] www.pva.com.au

Looking to make your business more

energy efficient?We’ll help you reduce your impact on the

environment and save you money

We’re here to help youTalk to us: 1300 290 098Email us: [email protected] Find out more: actewagl.com.au/energyservices

ActewAGL Retail ABN 46 221 314 841

Calvary John James Hospital

Problem: Calvary John James Hospital’s hot water and steam boilers were neither safety compliant or energy efficient.

Solution: ActewAGL identified the risks and the savings that could be made and installed new equipment.

Result: An energy saving of $35,000 per year.

Find out how much we can save you!

Sustainable success story

Saved $35,000 p.a.

ActewAGL’s commercial energy efficiency services

We’ll work with your business to lower your energy consumption,

reduce your carbon footprint, meet your compliance requirements

and save you money.

ActewAGL can help your business:

• identifypotentialenergysavingsviaanenergyaudit

• reduceyourcarbonfootprint

• maximiseenergyefficiency

• ensureyourbackuppowersourceperformsreliably

• ensureyourhotwaterperformsreliably

• monitorenvironmentalperformancethroughcustomisedsoftware

• increaseyourbusiness’profits.


U P F R O N T

Would you ride 5000km to raise awareness about acquired brain injury?

Andy and Kerri will start their quest on September 1 and travel overland on the Bicentennial National Trail. They aims to arrive back in Canberra on December 3.

In May 2010 Andy’s world came crashing down around him, when his wife Kerri suffered an acquired brain injury in a mountain bike accident, which forced Andy and their two sons to face a new adversity that they never expected.

“Kerri’s accident changed our world and prior to the accident I admittedly didn’t know much about acquired brain injury or the affect it has on people and their families,” Andy said. “I’d obviously heard about people acquiring a brain injury from accidents and other publicised ways but you never think it’s going to happen to someone you care about.”

Andy says this challenge will be one of the toughest he’s ever faced, but he said he’s determined to conquer the BNT in order to help his family personally and others publicly.

Kerri and Andy have always enjoyed the Australia bush and were both Outward

Canberra local identity andy Friend, fi tness fanatic, ex Brumbies coach and husband of Kerri who has an acquired brain injury, will attempt to ride from 5,000km from Cooktown to Canberra on ‘The Friendly ride’ to raise awareness and funds for people with an acquired brain injury.

Bound instructors when they met. “The reason for the ride is twofold. Firstly

it’s about getting Kerri back to full health. We’ve been told the more you push people with an acquired brain injury back into finding their independence by decision making, the more quickly and likely they are to return to full health. Kerri will therefore be my backup following me in our support vehicle where possible on the ride and providing me with the encouragement to keep going.

“The second is to use my profile and the ride as a chance to touch the lives of many Australians, along the way raising much needed money to assist those with acquired brain injury.

This BNT is one of two trails in the world rated a 10/10 in terms of difficulty, so the challenge for us is to work hard on the ride and work hard away from the bike as well, raising awareness and much needed funds where possible. The beauty of the ride is that I love the Australian Bush and I love bike riding, so I’m determined to make the event a

success,“ Andy said. Andy said that Kerri has made a

remarkable recovery since her accident but still suffers from fatigue and other related problems.

“The brain is such an unique organ. If you damage your brain there is somewhat of an unknown element of what the long term affects may be,” Andy said.

Funds raised will go to the Brain Injury Australia and programs run by Outward Bound to support people with acquired brain injury.

There are many ways that you can get involved and support The Friendly Ride. You can make a tax-deductible donation, take up a level of sponsorship or even donate to ride the last part of way into Canberra with Andy.

For more information or to donate go to www.andyfriend.com.au or ring Ideas & Directions – Marketing/Sponsorship on 02 6239 1955.


Would you ride 5000km to raise awareness about acquired brain injury?

Andy and Kerri will start their quest on September 1 and travel overland on the Bicentennial National Trail. They aims to arrive back in Canberra on December 3.

In May 2010 Andy’s world came crashing down around him, when his wife Kerri suffered an acquired brain injury in a mountain bike accident, which forced Andy and their two sons to face a new adversity that they never expected.

“Kerri’s accident changed our world and prior to the accident I admittedly didn’t know much about acquired brain injury or the affect it has on people and their families,” Andy said. “I’d obviously heard about people acquiring a brain injury from accidents and other publicised ways but you never think it’s going to happen to someone you care about.”

Andy says this challenge will be one of the toughest he’s ever faced, but he said he’s determined to conquer the BNT in order to help his family personally and others publicly.

Kerri and Andy have always enjoyed the Australia bush and were both Outward

Canberra local identity andy Friend, fi tness fanatic, ex Brumbies coach and husband of Kerri who has an acquired brain injury, will attempt to ride from 5,000km from Cooktown to Canberra on ‘The Friendly ride’ to raise awareness and funds for people with an acquired brain injury.

Bound instructors when they met. “The reason for the ride is twofold. Firstly

it’s about getting Kerri back to full health. We’ve been told the more you push people with an acquired brain injury back into finding their independence by decision making, the more quickly and likely they are to return to full health. Kerri will therefore be my backup following me in our support vehicle where possible on the ride and providing me with the encouragement to keep going.

“The second is to use my profile and the ride as a chance to touch the lives of many Australians, along the way raising much needed money to assist those with acquired brain injury.

This BNT is one of two trails in the world rated a 10/10 in terms of difficulty, so the challenge for us is to work hard on the ride and work hard away from the bike as well, raising awareness and much needed funds where possible. The beauty of the ride is that I love the Australian Bush and I love bike riding, so I’m determined to make the event a

success,“ Andy said. Andy said that Kerri has made a

remarkable recovery since her accident but still suffers from fatigue and other related problems.

“The brain is such an unique organ. If you damage your brain there is somewhat of an unknown element of what the long term affects may be,” Andy said.

Funds raised will go to the Brain Injury Australia and programs run by Outward Bound to support people with acquired brain injury.

There are many ways that you can get involved and support The Friendly Ride. You can make a tax-deductible donation, take up a level of sponsorship or even donate to ride the last part of way into Canberra with Andy.

For more information or to donate go to www.andyfriend.com.au or ring Ideas & Directions – Marketing/Sponsorship on 02 6239 1955.

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O P I N I O N

you need to worry about any family law issues is when you and your partner share a residence together on full time basis for at least two years. You could be in a de facto relationship even if you don’t share a home together all the time and even if you have not lived together for two years. Nor does it matter if you are married or in another de facto relationship with someone else. The legislation specifically envisages this particular situation and you can still be subject to a family law claim even if you are married or in multiple de facto relationships.

One way to get an idea would be to try asking yourself some basic questions such as:• Do you and your partner share a residence

at all, even on a part time basis?• Do you provide financial support to your

partner or vice versa?• Do you and your partner have any joint

bank accounts or loans or combine your money in any way?

• Do you and your partner have children together?If you answered yes to any of these

questions then you could be in a de facto relationship and it is important you seek further legal advice.

Consider the case of Bill and his girlfriend Laura. They’ve been dating each other for about 18 months and are madly in love. Bill is in the navy and a few months ago he accepted a posting overseas. Bill and Laura decided that it would be simpler if he rented out his house and just stayed with her when he was on leave. It would, after all, only be for a few weeks of each year, while the rest of his time would be spent at sea. Bill and Laura also opened a joint bank account so that Laura could deal with some of his financial issues whilst he was on deployment.

The idea that they might be entering a de facto situation never even crossed Bill and Laura’s minds. In fact, when Laura realised that this might be an issue, she was quite concerned. She has a well paid job high up in the government and has significant assets of her own. Although she loves Bill and feels that their arrangement works for them, she is anxious to protect the assets that she worked so hard to build up.

While some couples are fully aware of the legal ramifications of their relationship, others, like Laura and Bill, wrongly assume that they are not and get a nasty surprise when the relationship breaks down. We will discuss what Bill and Laura could do about their situation next month, so please stay tuned! For an Out of Court Solution contact Consensus Family Lawyers, 17-21 University Avenue, Canberra T: 02 6290 9898 or www.cflaw.com.au

Surprise – you could be in a de facto relationship!

By Juliette Ford, Director, Consensus Family Lawyers

Trying to define a de facto relationship can be a pretty difficult task. A relationship can come in all sorts of shapes and sizes and all sorts

of combinations, depending on the individual preferences of the people involved. Today’s relationships can vary widely - from couples who spend time together on a ‘no strings attached’ basis, to couples who live together and have combined all aspects of their domestic life, with numerous variations in between. For example, a de facto relationship could look like that of Brad Pitt and Angelina Jolie, who have children together, have joint finances and openly express the depth of their commitment to each other. Other ‘couples’ might look more like Hugh Hefner and his Playmate girlfriends, and don’t seem to fit into traditional relationship roles and ideas about monogamy.

However whilst all this diversity and flexibility might seem fantastic for the couples personally (and for the gossip magazines!), it presents a pretty big problem from a legal perspective. At what point does your girlfriend or boyfriend become your de facto partner? When do you need to start worrying about any family law ramifications to your relationship?

Unfortunately there is no clear signal that marks when a couple become de facto and fall within the ambit of the legislation. It’s in stark contrast to married couples, where the marriage ceremony clearly indicates to both the couple and the rest of the world that the couple are in a committed relationship that falls under the jurisdiction of the Family Court.

Contrary to what some people would say, you cannot assume that the only time

Today’s relationships can vary widely - from couples who spend time together on a ‘no strings attached’ basis, to couples who live together and have combined all aspects of their domestic life, with numerous variations in between.

PART 1

Entry is now open for the Chamber of Women in Business Awards for 2011

RSM Bird Cameron is proud to support the Chamber of Women in Business (CWB) Awards which acknowledges Best New Business, Outstanding Community Spirit, Caring for the Environment and Business Woman of the Year.

The CWB was formed in 1992, to provide support and development opportunities for businesswomen in the Canberra region.

If you are interested in nominating for an award visit the CWB online or call for an entry form.

T 02 6282 6255 F 02 6282 7191 E [email protected] www.cwb.org.au

B2B Ad CWB July 2011.indd 1 28/06/2011 9:56:45 AM

a great Canberra success storyASPEN MEDICAL

C O V E R S T O R Y

Aspen Medical may not be a local household name just yet, but here is one

ACT business that is delivering its services across Australia and the world.

Since establishing here in May 2003 Aspen Medical is now one of the country’s

fastest growing companies, employing more than 500 people within Australia

and throughout the world, and was recognised by the 2009 BRW Private Business

Awards as the Most Successful Private Company in Australia with a turnover under

$100 million.continues on page 14

Words: Tim Benson Photography: Andrew Sikorski

Photo: Glenn Keys, Founder and Managing Director

12 J U n e 2 011 B 2 B I n C a n B e r r a12 J U n e 2 011 B 2 B I n C a n B e r r a

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a great Canberra success storyASPEN MEDICAL

C O V E R S T O R Y

Aspen Medical may not be a local household name just yet, but here is one

ACT business that is delivering its services across Australia and the world.

Since establishing here in May 2003 Aspen Medical is now one of the country’s

fastest growing companies, employing more than 500 people within Australia

and throughout the world, and was recognised by the 2009 BRW Private Business

Awards as the Most Successful Private Company in Australia with a turnover under

$100 million.continues on page 14

Words: Tim Benson Photography: Andrew Sikorski

Photo: Glenn Keys, Founder and Managing Director

J U n e 2 011 B 2 B I n C a n B e r r a

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C O V E R S T O R Y

Aspen Medical’s approach to new and innovative healthcare delivery solutions has seen the company chosen as one of the world’s leading providers of health care services in remote and challenging environments.

“Aspen grew out of a need to provide the highest quality healthcare in areas of high medical demand,” Glenn Keys, Founder and Managing Director said.

Aspen Medical was started by Glenn and long time friend Dr Andrew Walker, who knew each other at school and were best men at each other’s weddings.

Glenn’s background includes a distinguished career in the Australian Army, where he covered a range of tasks, from test flying to managing logistics support for Army aircraft. After leaving Defence Glenn moved into the corporate arena and worked for a number of multi-national corporations setting up new businesses, either as start-ups or as new business units. At the same time Andrew was running his own businesses involving day surgery clinics.

Glenn and Andrew saw an opportunity in the United Kingdom to start a company that could reduce surgery waiting lists, and together they decided that they had the skills to address this issue.

Their first contract was a review of orthopaedic surgery in the UK and this led to a major task of reducing orthopaedic waiting lists.

“We were contracted to conduct 5,000 hip and knee replacements and 7000 minor procedures as well as 5,000 outpatient appointments, across seven sites in the North of England,” Glenn said.

“We called the company Aspen Medical because it was an

internationally recognisable name. It portrays a positive, fresh and healthy image.”

Four weeks into this UK contract Aspen Medical won a significant project through the Australian Defence Force to provide field hospital services in the Solomon Islands in support of our Defence and Federal Police personnel serving in the region as part of the Regional Assistance Mission to Solomon Islands (RAMSI).

From this rapid beginning success has come fast for Aspen Medical. In less than eight years they have become a key provider of health services to the Australian Defence Force, the oil and gas industry, private enterprise and State and Federal health departments around Australia and overseas.

Aspen Medical has supported the public hospital system in Australia by winning contracts to reestablish capability and capacity of the emergency department at Caboolture Hospital in Queensland (a first for a private company) and by providing emergency staff at two of Adelaide’s largest hospitals, enabling their emergency departments to stay open and deliver a full range of services to the local community.

Another significant program established and managed by Aspen Medical, for the Department of Health and Ageing (Office for Aboriginal and Torres Strait Islander Health - OATSIH), is the Remote Area Health Corps (RAHC).

RAHC is part of the effort to improve Indigenous health outcomes in remote communities throughout the Northern Territory (NT) and is a joint initiative between the Australian Government and Northern Territory Government to progress their Closing the Gap policies with funding allocated to improve access to health services.

RAHC’s recruits doctors, nurses, dental and allied health professionals on short-term paid placements in remote Indigenous communities. RAHC health professionals provide support to the hard

We would be nothing without our great team of staff. Their level of commitment is exceptional. On the odd occasion we have done all-nighters to get work done and I have to convince people they need to go home... Glenn Keys, Manager and Founding Director“ “

14 J U N E 2 011 B 2 B I N C a N B E r r a

C O V E R S T O R Y

working staff in remote health centres by enabling the permanent staff to take leave or undertake professional development as required.

Aspen Medical is fortunate to have attracted a large number of dedicated health professionals to take up short-term RAHC placements on a regular basis. These health professionals are passionate about working in remote communities and improving Indigenous health comes.

“RAHC health professionals often comment on the rewards and sense of achievement gained both personally and professionally after working in a remote Indigenous community,” Glenn said.

“We were initially contracted to place 200 professionals in two years. We contracted an incredible 800 and will achieve over 1000 by August this year, with 70 per cent being repeats.”

Today Aspen Medical has operations in Australia, USA, Canada, United Kingdom, Middle East, Timor Leste and the Solomon Islands.

The question everyone asks is what is the ‘key’ to all of this success (no pun intended).

“Over the years Glenn, his wife Amelda, his business partner Andrew Walker and his team at Aspen Medical, have been actively involved in being part of, and giving back to, the community.

Organisations they have supported include: Love Life Health in Timor Leste; the Special Olympics, Legacy Australia and the World Transplant Games.

“We have a very strong social conscience in the places we operate in around the world and this has been a real plus for our staff,” Glenn said.

Aspen are very serious about giving part of the business success back to the community and the owners have established the Aspen Foundation.

“We donate a percentage of our profits to the foundation and have, in the first instance, picked the serious issue of assisting to eradicate Trachoma in Indigenous Australians by 2020 (World Health Organization target) as our first project,” Glenn said.

Trachoma is the result of infection of the eye generally caused by poor sanitation. If left untreated, the infection eventually causes the eyelid to turn inwards, creating intense pain and scarring of the eye and ultimately irreversible blindness.

Australia is the only developed country not to have eradicated Trachoma.Craig Fitzgerald, Operations Director at Aspen Medical is in charge of the

project.“We have already completed a couple of projects including one with

the Indigenous Eye Health Unit at Melbourne University to trial Trachoma information kits in the Katherine region of the NT. Our second project, in partnership with the Christian Blind Mission and the Indigenous Eye Health Unit, was the development of an online clinical training module for health professionals that has been widely used by RAHC health professionals preparing to work in remote communities. This Trachoma module is also being used by staff in the Northern Territory Health Department,” Craig said.

“Our first goal for the Foundation was to get some runs on the board and assist other organisations that are in this field. Our next step is to find an Indigenous organisation to partner and continue our work.”

According to Glenn his staff are the answer.“We would be nothing without our great team of staff. Their level

of commitment is exceptional. On the odd occasion we have done all-nighters to get work done and I have to convince people they need to go home,” Glenn said.

Glenn says that the future for Aspen Medical is very positive.“We will continue to grow in Australia and the United Kingdom

and move into other countries across the Middle East and Africa. This is a great business to be in as we are ultimately helping people. We set ourselves higher standards than our clients demand and deliver through the quality of our people and our high level of healthcare outcomes,”

Suite 17C, 2 King Street, DEAKIN, ACT 2600PO Box 231, DEAKIN WEST, ACT 2600T +61 (0)2 6203 9500 F +61 (0)2 6232 4738www.aspenmedical.com.au

Photo: Craig Fitzgerald, Operations Director

CORPORATE SOCIAL RESPONSIBILITY


C O V E R S T O R Y

Aspen Medical’s approach to new and innovative healthcare delivery solutions has seen the company chosen as one of the world’s leading providers of health care services in remote and challenging environments.

“Aspen grew out of a need to provide the highest quality healthcare in areas of high medical demand,” Glenn Keys, Founder and Managing Director said.

Aspen Medical was started by Glenn and long time friend Dr Andrew Walker, who knew each other at school and were best men at each other’s weddings.

Glenn’s background includes a distinguished career in the Australian Army, where he covered a range of tasks, from test flying to managing logistics support for Army aircraft. After leaving Defence Glenn moved into the corporate arena and worked for a number of multi-national corporations setting up a new businesses, either as start-ups or as new business units. At the same time Andrew was running his own businesses involving day surgery clinics.

Glenn and Andrew saw an opportunity in the United Kingdom to start a company that could reduce surgery waiting lists, and together they decided that they had the skills to address this issue.

Their first contract was a review of orthopaedic surgery in the UK and this led to a major task of reducing orthopaedic waiting lists.

“We were contracted to conduct 5,000 hip and knee replacements and 7000 minor procedures as well as 5,000 outpatient appointments, across seven sites in the North of England,” Glenn said.

“We called the company Aspen Medical because it was an

internationally recognisable name. It portrays a positive, fresh and healthy image.”

Four weeks into this UK contract Aspen Medical won a significant project through the Australian Defence Force to provide field hospital services in the Solomon Islands in support of our Defence and Federal Police personnel serving in the region as part of the Regional Assistance Mission to Solomon Islands (RAMSI).

From this rapid beginning success has come fast for Aspen Medical. In less than eight years they have become a key provider of health services to the Australian Defence Force, the oil and gas industry, private enterprise and State and Federal health departments around Australia and overseas.

Aspen Medical has supported the public hospital system in Australia by winning contracts to reestablish capability and capacity of the emergency department at Caboolture Hospital in Queensland (a first for a private company) and by providing emergency staff at two of Adelaide’s largest hospitals, enabling their emergency departments to stay open and deliver a full range of services to the local community.

Another significant program established and managed by Aspen Medical, for the Department of Health and Ageing (Office for Aboriginal and Torres Strait Islander Health - OATSIH), is the Remote Area Health Corps (RAHC).

RAHC is part of the effort to improve Indigenous health outcomes in remote communities throughout the Northern Territory (NT) and is a joint initiative between the Australian Government and Northern Territory Government to progress their Closing the Gap policies with funding allocated to improve access to health services.

RAHC’s recruits doctors, nurses, dental and allied health professionals on short-term paid placements in remote Indigenous communities. RAHC health professionals provide support to the hard

We would be nothing without our great team of staff. Their level of commitment is exceptional. On the odd occasion we have done all-nighters to get work done and I have to convince people they need to go home... Glenn Keys, Manager and Founding Director“ “

J U n e 2 011 B 2 B I n C a n B e r r a B 2 B I n C a n B e r r a J U LY 2 011 15

C O V E R S T O R Y

working staff in remote health centres by enabling the permanent staff to take leave or undertake professional development as required.

Aspen Medical is fortunate to have attracted a large number of dedicated health professionals to take up short-term RAHC placements on a regular basis. These health professionals are passionate about working in remote communities and improving Indigenous health comes.

“RAHC health professionals often comment on the rewards and sense of achievement gained both personally and professionally after working in a remote Indigenous community,” Glenn said.

“We were initially contracted to place 200 professionals in two years. We contracted an incredible 800 and will achieve over 1000 by August this year, with 70 per cent being repeats.”

Today Aspen Medical has operations in Australia, USA, Canada, United Kingdom, Middle East, Timor Leste and the Solomon Islands.

The question everyone asks is what is the ‘key’ to all of this success (no pun intended).

“Over the years Glenn, his wife Amelda, his business partner Andrew Walker and his team at Aspen Medical, have been actively involved in being part of, and giving back to, the community.

Organisations they have supported include: Love Life Health in Timor Leste; the Special Olympics, Legacy Australia and the World Transplant Games.

“We have a very strong social conscience in the places we operate in around the world and this has been a real plus for our staff,” Glenn said.

Aspen are very serious about giving part of the business success back to the community and the owners have established the Aspen Foundation.

“We donate a percentage of our profits to the foundation and have, in the first instance, picked the serious issue of assisting to eradicate Trachoma in Indigenous Australians by 2020 (World Health Organization target) as our first project,” Glenn said.

Trachoma is the result of infection of the eye generally caused by poor sanitation. If left untreated, the infection eventually causes the eyelid to turn inwards, creating intense pain and scarring of the eye and ultimately irreversible blindness.

Australia is the only developed country not to have eradicated Trachoma.Craig Fitzgerald, Operations Director at Aspen Medical is in charge of the

project.“We have already completed a couple of projects including one with

the Indigenous Eye Health Unit at Melbourne University to trial Trachoma information kits in the Katherine region of the NT. Our second project, in partnership with the Christian Blind Mission and the Indigenous Eye Health Unit, was the development of an online clinical training module for health professionals that has been widely used by RAHC health professionals preparing to work in remote communities. This Trachoma module is also being used by staff in the Northern Territory Health Department,” Craig said.

“Our first goal for the Foundation was to get some runs on the board and assist other organisations that are in this field. Our next step is to find an Indigenous organisation to partner and continue our work.”

According to Glenn his staff are the answer.“We would be nothing without our great team of staff. Their level

of commitment is exceptional. On the odd occasion we have done all-nighters to get work done and I have to convince people they need to go home,” Glenn said.

Glenn says that the future for Aspen Medical is very positive.“We will continue to grow in Australia and the United Kingdom

and move into other countries across the Middle East and Africa. This is a great business to be in as we are ultimately helping people. We set ourselves higher standards than our clients demand and deliver through the quality of our people and our high level of healthcare outcomes,”

Suite 17C, 2 King Street, DEAKIN, ACT 2600PO Box 231, DEAKIN WEST, ACT 2600T +61 (0)2 6203 9500 F +61 (0)2 6232 4738www.aspenmedical.com.au

Photo: Craig Fitzgerald, Operations Director

CORPORATE SOCIAL RESPONSIBILITY


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18 ACCOUNTINGChamber of women in business awards 2011By Tracey Nicholls, RSM Bird Cameron Chartered Accountants

18 ACCOUNTING SERVICESSuperannuation contribution splittingBy Richard Navakas, Hillross Wealth Management Centre Canberra

20 BUSINESS LAWNot over yet: your duties as a director after a disputeBy Cassandra Emmett, Elringtons Lawyers

20 BUSINESS COACHINGHow to blog your way to further sales By Frans Walschots, 10X

23 BUSINESS SERVICESDirectors’ risks under the new PPSABy Tony Lane, Kazar Slaven

23 COMMERCIAL LAWDefects & damages in construction contractsBy Maurice Falcetta, Trinity Law

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A D V I C E

ACCOUNTING ACCOUNTING SERVICES

Chamber of women in business awards 2011

Superannuation contribution splitting

by Tracey Nicholls by Richard Navakas

The Chamber of Women in Business is a not for profit incorporated association that was formed in 1992 to provide support and development opportunities for businesswomen in the Canberra region.

As the only business association focusing on businesswomen’s needs, the Chamber offers members a supportive environment to foster your business growth.

The CWB hold monthly networking meetings where new members have the opportunity to present their pitch.

The meetings provide members with informative presentations. Presentations this year have included using Facebook as a marketing tool, and Tax Tips for Year End.

Members also receive a monthly electronic newsletter of Chamber events and business and professional development events around Canberra.

The CWB is a Kindred Organisation of the Canberra Business Council and therefore provides members the opportunity to source information relating to industrial relations and regional economic development.

The CWB recognise that women in business often go unrecognised for their efforts and success.

The CWB Awards is an annual award to encourage, acknowledge and reward valuable contributions and outstanding achievements of Women in the Canberra Business Community.

The focus of the awards is small to medium businesses and individuals and there are four Award Categories being: Best New Business, Outstanding Community Spirit, Caring for the Environment and Business Women of the Year.

We invite all Canberra business women to join the CWB and nominate you and your business for an Award.

Nominations are due by Friday 29th July 2011 with the Award Ceremony to be held on Wednesday 10th August 2011 at the Federal Golf Club.

RSM Bird Cameron is a proud sponsor of the CWB Awards and look forward to being a part of the event again this year.

Superannuation contribution splitting allows couples to split their employer and taxable super contributions with their spouse. This allows for partners to equalise their superannuation balances. This financial year (2010/11) the concessional superannuation caps are $25,000 for those people under 50 years of age. Those over 50 are allowed a $50,000 contribution. Any amount contributed over these sums will attract an additional 31.5% tax.

After 2010/2011 tax year this transitional measure of a $50,000 contribution may continue for those aged 50 plus with super balances that are below $500,000.

The government allows the lesser of 85% of concessional contributions or the applicable concessional contributions cap for the year. It is important to note that it is the person who is splitting their contributions with their spouse that is subject to the contribution caps. The contributions made between 1 July 2011 and 30 June 2011 can be split next financial year.

This may give rise to opportunities where say a younger spouse Sue aged 50 can split her super contributions into her partner Tony’s super fund who is aged 60. Sue could salary sacrifice up to $50,000 into a super fund and pay a 15% contributions tax. This would leave $42,500 that could be split with the older partner in the following tax year.

The partner could then commence a tax free allocated pension if retired or if not commence a transition to retirement pension with tax free income.

The potential $500,000 limit (not yet legislated) also allows for additional strategies where say Tony has a $450,000 super balance and Sue a lower balance of $180,000. The suggestion here would be to possibly commence a transition to retirement pension for the higher balance with super splitting by Tony to better equalise the two super funds and allow greater contributions of $50,000 to be concessionally made into super for both Sue and Tony.

As always each individual circumstance is different and requires thought to best maximise the end result as all of a families variable need to be taken into account.

Tracey Nicholls is a manager with RSM Bird Cameron and a Committee Member of the Chamber of Women in Business.

For more information about the CWB Awards go to http://www.cwb.org.au/.

RSM Bird Cameron103-105 Northbourne Ave Canberra T:6247 5988 E:[email protected] www.rsmi.com.au

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Richard Navakas is director and senior adviser of Hillross Wealth Management Centre Canberra. Level 7, AMP Building 1 Hobart Place, Canberra City, T: 02 6263 9200, [email protected], www.hillross.com.au

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Cassandra Emmett is a senior associate at Elringtons in family law.Contact ElringtonsT: (02) 6206 1300, Level 7, 221 London Circuit, Canberra Cityvisit: elringtons.com.au

BUSINESS LAW

Not over yet: your duties as a director after a dispute

by Cassandra Emmett BUSINESS COACHING

How to blog your way to further sales

by Frans Walschots

Blogging has dramatically changed the concept of online marketing and is a very powerful tool for generating leads (both online and offline!) that’s worth investigating for every business owner.

4 Ways a Blog Can Make a Real Difference to Your Business1. Strengthen your relationship with unconverted prospects – build

rapport with them, dispel fears and dissipate scepticism. This will, in turn, generate more leads and increase conversion.

2. Generate more leads for your business – this works well especially via word-of-mouth. Your blog will attract online visitors who will turn into customers.

3. Position yourself as an expert in the field – positioning you as an expert will increase your credibility and increase sales conversion rates. When you share expertise, people can see that you really know your stuff.

4. Build top of mind awareness with potential customers and existing customers – increase your sales conversions and repeat sales. The more frequently you communicate with customers, the more they are aware of your business. A Blog, whether a text blog, picture blog or video blog, builds a

stronger relationship with an audience than a website does because it has more human feel to it. A Blog’s entire focus is to share information and experiences from the author.

Conversely, a website is a group that holds static and dynamic information about a topic. A website is serious. A Blog is informal. A website has facts. A Blog has facts but its main focus is to offer a more personal commentary – which is exactly what creates those raving “fans” that every business owner wishes they had more of.

10X Top Tips to Get You Started• Know your target market is and what you want your blog to achieve• Determine how much time it will take to write and determine

return-on-investment• Arrange for design to be created (there are many excellent templates

freely available from www.wordpress.org, the leading blogging platform, that you can point a domain name at and have your designer cheaply customize)

• Create and post a series of content-rich, product or industry specific articles Inform customers about your Blog

• Monitor comments and determine feedbackAt 10X we advise on Blogs and other internet strategies to really drive

prospects to your business. We have proven strategies that work. Give us a call on 1300 855 109 to ask how we can help you.

It’s not unusual for friends and family members to be the only directors of a small company. This arrangement usually works well while relationships are happy and healthy, but what happens when it all goes wrong?

Even if in their personal lives the directors have had a falling out that cannot be reconciled, they still have obligations and duties to fulfil to the company. It may be that one person acts as a silent director and does not participate in the decisions or management of the company, however, the law expects that he or she will be aware at all times of the company’s business and status and will always act in the best interests of the company.

The key message here is that even though, on a personal level, the directors may part ways, individuals are never absolved of their director’s duties until they are removed or resign as a director.

It’s important if you are in this position that you understand exactly what is expected of you as a director. Generally a director has the following duties: • to act honestly and in good faith• of care and diligence• to not misuse information or position;• to not allow personal interests to conflict with or override the

interest of the company• to know all of the financial and business activities of the company -

each director is responsible for the business activities whether they actually know them or not.When a relationship between directors breaks down, there are a

number of issues that arise including:• Should one of you step-down from the director role?• How are you protected? Have you obtained releases from liability (eg

under personal guarantees) and indemnities?• Have you complied with your directors’ duties and how do you

continue compliance, particularly where you have not taken an active interest and have acted as a silent or non-participating director?

• Should you convene a meeting of the company?• What information do you have to provide to the other director (or

what information should you receive)?• When should you be asking the court to intervene by making

orders about you or your company, or how do you defend a court application made by another director?If you have any questions regarding your corporate role and

responsibilities, please contact our commercial or litigation law practice groups on 6206 1300.

Frans Walschots is the business coach at 10X Canberra South.For more information, please call 02 6295 9800 visit unit 3/71 Leichhardt Street Kingston or www.10x.com.au/canberrasouth

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JUNE 2011 61


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9 771833 823005

01

BRAIN EXERCISE - THE NEW CAFFEINEYellow Edge’s Andy Gregory explains the theory

MOVING YESTERDAY INTO TODAYMoving into the modern world with the NLA

EFFECTIVE DISASTER RECOVERYBoaz Fischer from CommsNet Group has a plan

100+ years of legal services in the Canberra region.

A D V I C E

COMMERCIAL LAW

Defects & damages in construction contracts

By Maurice Falcetta

All contracts carry inherent within them the risk of breach by way of defect. Even a minor defect will be taken at law to constitute a breach, and construction contracts are particularly susceptible to breaches of this nature. The question then becomes: what remedies are open to the aggrieved parties in such cases? First and most obviously the builder can rectify the work, but this only where practical and the other party agrees. Typically, the remedy will be in damages and the key point of interest then is how to quantify the damages.

The starting point is to measure the difference in value between the contract price and the cost of correcting the defect. This is the general rule. However, the general rule is subject to an important qualification: that the work necessary to produce conformity with the contract be a reasonable course to adopt. The leading case is Bellgrove v Eldridge (1954) 90 CLR 613, which has been followed and applied many times. There, having held that the defects were such that the only satisfactory way to remedy them would be to demolish the house and re-erect it, the Court assessed damages by deducting the demolition value of the house plus monies unpaid under the contract from the cost of demolition and rebuilding. This approach was upheld by the High Court, but with the same qualification: that the work necessary to ensure conformity be reasonable.

The High Court said “many examples may, of course, be given of remedial work, which though necessary to produce conformity would not constitute a reasonable method of dealing with the situation and in such cases the true measure of the building owner’s loss will be the diminution in value, if any, produced by the departure from the plans and specifications or by the defective workmanship or materials”.

In practical application then, it can be stated with confidence that any assessment of damages for defective work for which a builder, or any other similar contractor, may find him or herself liable cannot automatically be calculated as the entire cost of rectification itself. Rather, the first step has to be a consideration of the reasonableness and necessity of the remedial work. Where that remedial work is not reasonable or necessary in the circumstances (such as, say, a bathroom which is otherwise fit for the purpose but the wrong colour scheme used) the proper measure of damages is instead any diminution of value produced by the departure from the plans and specifications, or by defective workmanship (D Galambos & Sons Pty Ltd v McIntyre (1974) 5 ACTR 10).

Maurice Falcetta is a partner at Trinity Law.Trinity Law is a boutique firm which is focused on providing business and corporate legal services and is motivated by long term business relationships. 2/214 Northbourne Avenue, Braddon ACT T: 6163 5050 www.trinitylaw.com.au

BUSINESS SERVICES

Directors’ risks under the new PPSA

By Tony Lane

The Personal Property Securities Act 2009 (“PPSA”) comes into force on 10 October 2011 and is legislation that every accountant and company director should understand.

The PPSA will provide a single national law governing security interests in personal property, covering arrangements such as fixed and floating charges, hire purchase agreements, leases and conditional (retention of title) sale agreements, where those security interests secure the payment or performance of an obligation. Critically, the concept of title evaporates under the new law – the PPSA will generally require security interests to be registered to be enforceable against third parties, including liquidators, regardless of ‘ownership’.

Directors of companies frequently provide personal guarantees in support of transactions their company may enter into. Consider the simple example of a company in liquidation, where a lessor of goods holds a director-guaranteed equipment lease with a payout value of $40,000 and realisable asset value of only $20,000. Under current arrangements, the lease contract would provide that the lessor retains proprietary rights in the goods for the unpaid value of $40,000. The lessor would recover and sell the goods, claiming the shortfall of $20,000 in the liquidation and against the directors under personal guarantee.

Under the PPSA, such a lease creates a security interest. If the security interest is unregistered, the liquidator can claim proprietary interest in the assets without reference to the lessor. So, in our simple example, the liquidator retains the assets and realises $20,000, and applies those funds to the payment of all the company’s debts, rather than directly to the lessor’s debt of $40,000. It is therefore possible that the directors could face a much greater claim against them by the lessor, of up to $40,000 in total, under the new PPSA.

Similarly, suppliers of goods under retention of title provisions (RoT) will be required to register their interest in those goods for the RoT to be binding against a liquidator. Again, if a liquidator can defeat a supplier’s claim to RoT due to a failure to register, the directors may become exposed to a greater claim against them under any personal guarantees.

Directors should seek advice where personal guarantees support a company’s financial dealings, as those dealings may give rise to security interests under the new PPSA that, if unregistered, could generate greater exposure under personal guarantees in the event of default. For more information, contact us about attending one of our free seminars.

Tony is a 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: [email protected] W: www.kazarslaven.com.au

J U L Y 2 011 B 2 B I n C a n B e r r a B 2 B I n C a n B e r r a J U LY 2 011 23

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MARCH 2011 58


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CaNBErra’S BUSINESS & GOVErNMENT MaGaZINE

JUNE 2011 61


$4.95 inc. GST

BRAIN EXERCISE - THE NEW CAFFEINEYellow Edge’s Andy Gregory explains the theory

MOVING YESTERDAY INTO TODAYMoving into the modern world with the NLA

EFFECTIVE DISASTER RECOVERYBoaz Fischer from CommsNet Group has a plan

100+ years of legal services in the Canberra region.

A D V I C E

COMMERCIAL LAW

Defects & damages in construction contracts

By Maurice Falcetta

All contracts carry inherent within them the risk of breach by way of defect. Even a minor defect will be taken at law to constitute a breach, and construction contracts are particularly susceptible to breaches of this nature. The question then becomes: what remedies are open to the aggrieved parties in such cases? First and most obviously the builder can rectify the work, but this only where practical and the other party agrees. Typically, the remedy will be in damages and the key point of interest then is how to quantify the damages.

The starting point is to measure the difference in value between the contract price and the cost of correcting the defect. This is the general rule. However, the general rule is subject to an important qualification: that the work necessary to produce conformity with the contract be a reasonable course to adopt. The leading case is Bellgrove v Eldridge (1954) 90 CLR 613, which has been followed and applied many times. There, having held that the defects were such that the only satisfactory way to remedy them would be to demolish the house and re-erect it, the Court assessed damages by deducting the demolition value of the house plus monies unpaid under the contract from the cost of demolition and rebuilding. This approach was upheld by the High Court, but with the same qualification: that the work necessary to ensure conformity be reasonable.

The High Court said “many examples may, of course, be given of remedial work, which though necessary to produce conformity would not constitute a reasonable method of dealing with the situation and in such cases the true measure of the building owner’s loss will be the diminution in value, if any, produced by the departure from the plans and specifications or by the defective workmanship or materials”.

In practical application then, it can be stated with confidence that any assessment of damages for defective work for which a builder, or any other similar contractor, may find him or herself liable cannot automatically be calculated as the entire cost of rectification itself. Rather, the first step has to be a consideration of the reasonableness and necessity of the remedial work. Where that remedial work is not reasonable or necessary in the circumstances (such as, say, a bathroom which is otherwise fit for the purpose but the wrong colour scheme used) the proper measure of damages is instead any diminution of value produced by the departure from the plans and specifications, or by defective workmanship (D Galambos & Sons Pty Ltd v McIntyre (1974) 5 ACTR 10).

Maurice Falcetta is a partner at Trinity Law.Trinity Law is a boutique firm which is focused on providing business and corporate legal services and is motivated by long term business relationships. 2/214 Northbourne Avenue, Braddon ACT T: 6163 5050 www.trinitylaw.com.au

BUSINESS SERVICES

Directors’ risks under the new PPSA

By Tony Lane

The Personal Property Securities Act 2009 (“PPSA”) comes into force on 10 October 2011 and is legislation that every accountant and company director should understand.

The PPSA will provide a single national law governing security interests in personal property, covering arrangements such as fixed and floating charges, hire purchase agreements, leases and conditional (retention of title) sale agreements, where those security interests secure the payment or performance of an obligation. Critically, the concept of title evaporates under the new law – the PPSA will generally require security interests to be registered to be enforceable against third parties, including liquidators, regardless of ‘ownership’.

Directors of companies frequently provide personal guarantees in support of transactions their company may enter into. Consider the simple example of a company in liquidation, where a lessor of goods holds a director-guaranteed equipment lease with a payout value of $40,000 and realisable asset value of only $20,000. Under current arrangements, the lease contract would provide that the lessor retains proprietary rights in the goods for the unpaid value of $40,000. The lessor would recover and sell the goods, claiming the shortfall of $20,000 in the liquidation and against the directors under personal guarantee.

Under the PPSA, such a lease creates a security interest. If the security interest is unregistered, the liquidator can claim proprietary interest in the assets without reference to the lessor. So, in our simple example, the liquidator retains the assets and realises $20,000, and applies those funds to the payment of all the company’s debts, rather than directly to the lessor’s debt of $40,000. It is therefore possible that the directors could face a much greater claim against them by the lessor, of up to $40,000 in total, under the new PPSA.

Similarly, suppliers of goods under retention of title provisions (RoT) will be required to register their interest in those goods for the RoT to be binding against a liquidator. Again, if a liquidator can defeat a supplier’s claim to RoT due to a failure to register, the directors may become exposed to a greater claim against them under any personal guarantees.

Directors should seek advice where personal guarantees support a company’s financial dealings, as those dealings may give rise to security interests under the new PPSA that, if unregistered, could generate greater exposure under personal guarantees in the event of default. For more information, contact us about attending one of our free seminars.

Tony is a 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: [email protected] W: www.kazarslaven.com.au


A D V I C E

ESTATE PLANNINGby Stephen Bourke

With the rise in the value of the Aussie Dollar many people are considering taking advantage of the exchange rate and squeezing in some overseas travel. One of your pre-trip preparations should be:“REVIEW ESTATE PLAN”

Did you know that the risk of dying while travelling overseas averages out to around 1 in 5000? Compare that to the annual chance of dying in a motor accident of 1 in 4000.

That statistic also does not include all those people who don’t die but are seriously injured or become seriously ill (and may die after they get back to Australia).

The questions you need to ask before you go overseas are:• Who will look after my estate if I die? Who should it go to?• Who will be able to make decisions for me and look after me

if I am unable to?Your will: Your will is an important document and central to your

estate plan. It sets out how you want your assets distributed on your death and who is to be your executor.

If you do not have a will or it was made at a time when your circumstances were quite different, it is probably time for a review.

You may have made a will some time ago, either before children were born or when they were very young.

You may have started or ended a relationship. You may have built up your assets over that period. You should review your will to make sure it still represents your testamentary intentions.

Your Power of Attorney: An enduring power of attorney is a vital, but often overlooked, element of an estate plan.

An enduring power of attorney appoints someone as your decision maker (attorney) in circumstances where you do not have the ability or capacity to make decisions yourself.

If you are involved in a terrible accident and find yourself in hospital, there are many decisions that will need to be made.

Do bills have to be paid? Do you need an operation? Even the small things need someone to make a decision.

Your enduring power of attorney covers these eventualities.Going on holidays should not be a time when you are worried about

whether everything is in order. Attend to it before going away. Your time can then be more relaxed and enjoyable.

Going overseas? Don’t forget to pack your estate plan

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

CORPORATE GOVERNANCE

Is accountability lacking in the not for profit sector?

by Phil Butler

Lately I’ve read a lot about the state of not-for-profit (NFP) governance and if you believe the views of some commentators, the governance standards of these organisations are less effective than for-profit organisations. The Federal Government also seems to agree with the notion of less effective NFP governance and in its January Consultation Paper titled “Scoping study for a national not-for-profit regulator”, suggests that improvements in governance and accountability in the for-profit and government sectors have not been matched in the NFP sector. But is this the case?

Many directors of Australia’s largest and most successful companies are also directors of NFP organisations. The for-profit boards they sit on are often regarded as exhibiting “best” practice governance, so if this is the case, why would their governance principles not also apply to the NFP boards they sit on? Where individual directors serve on both for-profit and NFP boards, the inherent flow of cross-sector governance experience and expertise at board level is not to be underestimated.

We also know from the NFP directors attending Company Directors’ events and courses, that there is an active interest by many NFP boards and individuals to put in place effective governance arrangements – drawn from leading practice – to best serve the needs of their organisations.

I would also argue that with the for-profit sector, which is more and more focused on corporate social responsibility, many of these organisations could learn a great deal from NFP directors and boards about their extensive experience in managing such matters.

It is also concerning when people talk of the NFP sector as though it is one homogenous group and therefore tend towards “one size fits all” solutions. When you look at the NFP sector, the nature of the organisations and their complexity could not be more diverse; body corporates, school boards, large charities, small charities, sporting clubs and even member-based organisations, such as Company Directors. In any move to a NFP National Regulatory Framework, policymakers need to consider the level of diversity within the sector, including their approaches to governance.

In 2006/07 the ABS reported that the 700, 000 NFP’s in Australia contributed more than $43 billion to Australia’s GDP. With the sector’s contribution so high, the conversation about the level and effectiveness of governance standards in NFP organisations is healthy and one we should continue to have. However, the extent to which cross fertilisation occurs between the NFP and for-profit sectors, and the benefits this can bring to both, is much higher than many think.

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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1022446_B2B_New_Leaders_Advertising_210mmx275mm_lucille_out.indd 1 29/11/2010 3:20:34 PM

A D V I C E

INTELLECTUAL PROPERTY

Domain names 2.0, anybody? Opening up the top level domain space to include brandsby Shaun Creighton

For many years, Internet users have been used to a limited number of top level domains (TLDs) sitting to ‘the right of the dot’ in email addresses, World Wide Web URLs and so on. These include the generic TLDs (e.g. .com, .org, .net) and the country code TLDs (e.g. .au, .nz, .uk).

However, under a proposed change, the top level domain space is going to be opened up still further under the “New gTLD Program” (NTP) proposed by the Internet Corporation for Assigned Names and Numbers (ICANN) earlier this year and recently approved by its board.

Under the NTP, from 12 January 2012, companies and other organisations will be able to apply to register a TLD of their choice, subject to technical requirements and reserved names. Rather than being limited to say .com or .com.au, applicants will be in a position to apply to register their company name or trade mark as the TLD.

While this may seem straight forward, it has potential for some interesting and serious conflicts. For example, it is possible for the same brand to be legitimately used by different traders for different goods or services (eg Dove chocolate soap which is a trade mark owned by Mars and Dove soap which is a trade mark owned by Unilever). Further, trade mark rights are on a per country basis (eg US company Burger King could not get rights to that brand in Australia, hence operate as Hungry Jack’s). These brief examples highlight the potential for conflict and the importance for brand owners to consider “getting in early” if wishing to reserve NTPs. Initially, there will be a window of two months to make an application under the NTP. After that, applications will be subject to a number of processes in front of convened panels to screen for:• string similarity with another existing or proposed TLD;• likely effect on the stability of domain name system;• geographical names allocation• technical capacity of the applicant;• financial capacity of the applicant; and• registry services impacts.

Once an application is initially processed and published to the ICANN website, there is a prescribed time limit for third parties to file objections using approved dispute resolution procedures. It is anticipated that the process will take between 9 and 20 months from the later of closure of the application window or application batch allocation. An applicant will have to pay $5,000 fee on application, $180,000 if successful and, on current figures, $6,250 per calendar quarter to maintain registration.

ARUNA Trade Mark Attorneys can advise on all aspects of brand protection, including registration of trade marks and domain names.

Shaun Creighton is a director of ARUNA Trade Mark Attorneys.Level 3, 54 Marcus Clarke St, Canberra T: 1800 705 680 or 02 6221 9555 www.aruna.com.au

INFORMATION SECURITY

What you need to consider first prior to moving your business to the cloud?

by Boaz Fischer

Is Cloud Computing hype or reality? According to Gartner, $58.6 billion was the amount the worldwide market for cloud services was worth in 2009. It is predicted that by 2014, that the market will reach $148.8 billon. Certainly, organisations are looking for ways to unshackle their day-to-day operations, increase their agility needed to respond quickly in today’s highly competitive environment, reduce capital and operational costs and to increase their functionality, collaboration, scalability and accessibility. Having said that lets dive straight into why you would consider cloud computing:1. Why will you want to move to the cloud?

• Reduction in costs? Increase in revenues?• Improve reliability, agility and marketability?• Develop new services and products? Improve business process?

2. What are you considering moving to the cloud?• Communications, such as email, messaging, team collaboration• Line of business such as applications• IT Infrastructure such as server infrastructure

3. What primary concern do you have about moving to the cloud? • Control?• Security?If you do intend to move your business or portion of it to the cloud,

here are 7 key principles that you need to understand• Physical Security Who has physical access to your information? What

is the environment like such as power, cooling and monitoring?• System Security What security measures have been taken to secure

the systems where your data resides? • Access Management Who has access to your data and how is it

accessed? Is it audited?• Data Security Where is your data? how is it secured? Is it encrypted?• Compliance & Governance What metrics and standards will you be

measuring for performance and effectiveness? Do you know whether the cloud provider is subject to any regulations and if so how that might impact you?

• Portability & Recovery Management How will you recover if your information isn’t available? Are you able to take your business information to another cloud provider?

• Legal Understanding Do you understand the local laws where your information is being hosted?For more information, download our latest white paper - 7 Essential

Principles to Cloud Security. This can be found on our web site - www.commsnet.com.au

Boaz Fischer is the managing director of the CommsNet Group. For more information, contact T: 02 6282 5554 or visit Level 1, 67-69 Dundas Court Phillip, [email protected], www.commsnet.com.au


A D V I C E

PERFORMANCE ARCHITECTS

Learning globally helps your business locally

by Andy Gregory

Measuring yourself against others and best practice is a foundation for improvement and success. Today’s globalised world makes it imperative to have an international perspective to this form of learning.

Taking a global view has benefits on many levels, particularly for leaders in business and the public sector. It is natural to think that we face challenges and issues that are unique and different. It is therefore instructive and reassuring to discover that in many cases others around the world are grappling with similar or more challenging issues.

Understanding and learning about their approaches challenges our own thinking, changes our perspective and makes us more open to different and creative solutions.

Structured opportunities for exposure and exchange with leaders in other countries are increasingly valued as elements in the overall learning and development of organisational leaders. The Yellow Edge Global Leadership Practices (GLP) Program to China is a good example of such an opportunity.

Supported by the Australian Public Service Commission, Australian National University’s China

Institute and the China Research Centre at the University of Technology Sydney, the GLP involves the intensive immersion of Australian business and government leaders in the leadership challenges and approaches of Australia’s largest trading partner. A five day residential program at the prestigious Chinese Executive Leadership Academy Pudong (CELAP) in Shanghai, gives participants an invaluable backgrounding in Chinese culture, system of government, policy processes and implementation plans. The highly regarded program is run twice yearly.

All senior managers and leaders in Chinese government and state owned enterprises undertake regular programs at CELAP. As a result the GLP is able to provide the opportunity for exchange between Australian and Chinese officials on issues of shared interest.

The sixth GLP program has just concluded. Participants have returned with new perspectives on their personal and organisational leadership challenges. They have also gained invaluable insight into the policy perspectives, risks and challenges, including the acknowledged unknowns, facing leaders at all levels in the world’s emerging super power.

Understanding the key player in Australia’s trading and strategic future is critical to shaping Australia’s interests and effective decision making in both government and business. The next (7th) GLP is scheduled for September 2011.

Andy Gregory is chief executive and a founding director of Yellow Edge. He has extensive leadership experience in both the public and private sectors. [email protected].

Plants don’t just bring freshness and colour to an office, but also help to elevate mood, productivity and performance while improving overall health and wellbeing.

This is reinforced by a recent Newspoll survey of office workers in Australia that showed that two thirds would prefer to work in an office that has plants. More than half the workforce surveyed felt that offices with plants have cleaner air and that they feel more positive at work with plants around them.

One in three went so far as saying they have more energy at work when plants are around and they’re certain plants help them work more productively.

Jon Elphick Ambius Business Manager Canberra, comments that the results are not surprising. “We have been noticing the trend towards workplaces designing creative plantscaping into corporate fit out for some time now, as employers become more informed about the health and wellness benefits that indoor plants bring to workplace productivity.”

Professor Margaret Burchett and her colleagues at the University of Technology Sydney have measured how effective plants are at removing pollutants from the air and give foliage “two green thumbs up”.

“Volatile Organic Compounds (VOCs) emitted from plastic or synthetic materials in office furniture, fittings, computers and printers can cause headaches, loss of concentration and eye, nose and throat problems, while carbon dioxide (CO2) has been linked to drowsiness,” Professor Burchett said.

“Our research has proved that office plants can reduce VOCs by 80 percent and CO2 by up to 25 percent, so the health benefits are significant”.

Employers take note. Cleaner air leads to happier workers with clearer thinking, promoting greater productivity and efficiency. Office plants can cut down staff sick leave by up to 60%.

Professor Burchett said a leafy office relieves stress and reduces negative mood states by up to 60% and just one plant is enough to make a positive difference in the workplace.

The Nursery and Garden Industry Australia (NGIA) has responded to the recent Newspoll survey on workplace plants, by creating a new facebook page which includes ideas for top performing workplace plants, how to keep them alive, games, and a host of relevant information can be found on a new fan page at: www.facebook.com/plantlifebalance.

Interested in this area? For more information call Ambius on T: 02 6241 1451 or visit the Ambius website: www.ambiusindoorplants.com.au .

INTERIOR PLANTSCAPING

Now’s the time to improve your plant life balance…

by Jon Elphick

Business services expo 2011national convention centre canBerra 17th and 18th septemBer 2011

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A D V I C E

Trauma insurance is a lump sum payment for those who suffer a critical illness. Trauma insurance pays out on the actual diagnosis/occurrence of a medical condition. It is designed to cover the costs associated with medical treatment, rehabilitation, modifications to home, and lifestyle and employment changes.

Trauma insurance is suitable for:• those with a mortgage or other debt, a family and associated

responsibilities,• single people wishing to maintain independence,• a homemaker who would usually perform the duties of a

housekeeper or nanny,• those who may require cash support for their business while they

take on the role of carer,• those who would like to be able to choose private medical care

rather than remain on a waiting list.The definition of ‘trauma’ is the most important feature of any policy.

The definition must be satisfied before any benefits are payable. Benefits are usually only paid out for trauma that falls within a set list of defined medical conditions covered by the policy.

The conditions covered will vary with each provider, however conditions that are commonly covered are:• cancer,• heart disease,• diseases of the nervous system (stroke, dementia, etc),• blood diseases (HIV, advanced diabetes), and• organ disorders (chronic kidney failure, chronic lung disease).

Taxation – policy self-ownedIncome taxPremiums are not tax deductible, however proceeds are received free

of income tax.Capital gains taxIf the insurance proceeds are paid to anyone other than the insured

or a defined relative, CGT may apply.Trauma insurance held within superTrauma insurance premiums are not deductible to the super fund

and therefore there is no financial incentive for the fund to offer it.If trauma is held in super the member will need to meet a condition

of release to access the money from super. However, a ‘trauma’ or ‘critical illness’ condition of release does not exist. As a condition of release from super may differ from the insurance payment conditions, the proceeds may become trapped inside super. For further information please contact Gray Saunders at Capital Wealth.

RISK INSURANCE

Trauma insurance

by Gray Saunders

Gray Saunders is an adviser and director at Capital Wealth.T: 02 6239 1566, 14 Dundas Court Phillip 2606, www.capwealth.com.au

REAL ESTATE

Open homes –

an essential step to a successful sale

by Maria Selleck

Open homes can provide the best opportunity for both the buyer and the seller to accomplish their goals. The seller of course gets the chance to show off their home, while the buyer gets an opportunity to actually see the home, potentially, in its best light and capturing a better ‘feel’ for the home they intend making an offer on. However, an open home is only worth conducting if it is properly prepared. This involves exceptional and often expert presentation of the home including its landscaping and marketing. In my opinion, gone are the days when sellers were able to throw up a sign and achieve a quick and satisfactory sale with little or no effort. An open home can also provide a valuable opportunity to receive feedback about what is or is not attractive about your home although an attentive and focused real estate agent should have already identified and rectified any such issues prior to marketing.

If you want to leave an outstanding impression on the minds of your prospective home buyers, then you must make your home appear outstanding as well. If for any reason you don’t have the time to do such things then ask your real estate agent for assistance and advice. If they tell you that your home is “fine as it is” and that “you don’t need to do anything at all”, then it would be advisable to seek other opinions. Even the most astute sellers recognise that the way you present your home to your friends and colleagues when you are living in it is quite different to when you are putting it on the market with the aim of having it appeal to the widest possible cross-section of the community.

When showing the inside of your home, try to keep the appearance as uncluttered and clean as possible. If there are no sound reasons for something being on display, store it as it will be an unnecessary distraction. Similarly, remove valuable ‘portable’ possessions to eliminate the chance of them being damaged or going missing. After all, it is your home that you are selling, not your furniture or prized possessions.

There are many open houses every week in almost every Canberra suburb and regional area, and the main reason is that they work very well for both buyers and sellers. It is critical, therefore, that you speak to your real estate agent about what presentation and marketing tools will best suit your particular situation. Basically, think of your open home as “showtime”. If you have chosen correctly, your agent will have already set the stage accordingly so that your open home makes for a pleasing and welcoming experience for potential buyers and, if the task has been done well, they will be impressed.

Maria Selleck is the owner/director of Maria Selleck Properties. For more information, contact T: 6162 1234, 30 Bougainville St, Manuka, [email protected], www.mariaselleck.com.au

A D V I C E

WEBSITES

Google + You – will it click?

by Sam Gupta

In an effort to get a bigger piece of the Social Media pie, Google announced a new service called Google Plus. Apparently, popularity of facebook has now started to hurt Google a little and with the failure of Google Buzz which was launched in early 2010, it seems that Google is now getting desperate. ‘Buzz’ wasn’t the only failure of the search giant. Google placed a lot of hope on ‘Orkut’ few years back, but it failed. Google also tried to buy facebook, but the offer was turned down by facebook.

Now, for Google the only way forward is to go head to head with facebook. But facebook has gone much stronger over the recent years and it will be a hard battle to fight. Anyhow, let’s take a look at Google Plus.

What is Google Plus: Google’s new social media website. In many respects, it is very similar to facebook. The look & feel, and many features resemble facebook with a few improvements and innovative features. Is that enough to win people over? Decide for yourself. Google Plus currently offers five key features:

Circles: A very creative feature! Circles are essentially groups and they have made it very user-friendly. You can have different conversation with different groups such as your family, close friends, other friends, colleagues etc. Others will not see what circle you have placed them in. Nice and private! Good attempt by Google to handle groups.

Hangouts: Truly a brilliant feature & surely first of its kind! With Hangouts, you can have video chat with a number of friends online. People can drop-in & out of the hangout or you can keep it limited to a select few friends. Within a week of Google Plus’s launch and it’s revelation of Hangouts, Facebook also announced its Video chat feature powered by Skype. Obviously, the war has started.

Instant Uploads: This is another innovative feature! You can take and instantly upload pictures from your mobile. It gets saved in a private folder. You can share it if you like with a click of a button.

Sparks: Well, name it what you like, to me this is just a ‘Add to Favourites’ feature. You can search, add stuff and share.

Huddle: Huddle on the other hand is a group chat feature, another creative idea by Google, an alternative to SMSs.

As per Google, this is just the beginning. Let’s see how it evolves. As to whether Google Plus will be able to surpass facebook? I will be surprised if it does in the next one year but by then, who knows what else we’ll have in the mix… So, that’s the latest from the web world. Stay warm and let me know your thoughts on it.

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 [email protected]

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Follow the leaders.University of Canberra recognised

This year the ACT Exporters’ Network is celebrating ten years of Canberra’s exporters working together to achieve export success. Part of this success can

largely be attributed to the commitment and enthusiasm of its members and the ongoing support of its sponsors.

The Centre for Customs and Excise Studies (CCES) at the University of Canberra falls into both these groups – being an Award winning exporter, Silver Sponsor of ACT Exporters’ Network and Platinum Sponsor of the ACT Chief Minister’s Export Awards.

Publicly recognised by the World Customs Organization as the leading centre of excellence in its area of expertise, CCES provides customs research, consultancy and internationally endorsed educational programs ranging from vocational through to postgraduate and doctoral level. Its client base includes customs and other government agencies, international organisations and private companies in over 200 countries.

CCES enjoys an international niche market in which no other organisation provides either the quality or range of products and services. In this regard CCES is truly unique.

A key strength in achieving this success is a global network of over 150 experts, which is rapidly expanding to keep pace with unprecedented levels of business growth. CCES began in 2001 as an area of academic interest within the University of Canberra, and was then incorporated in late 2003. Since then CCES’s ongoing growth is reflected in the establishment of its offices in Australia, Thailand, Jordan, the UAE, Sri Lanka and Kenya, as well as its

official representation in South Africa, Cambodia, the US and the UK.

Recent agreements see the establishment of a campus in Abu Dhabi through which its programs are being delivered in Arabic throughout the Middle East, and the joint development and delivery of a comprehensive education program in Cambodia through the Pannasastra University of Cambodia, which is a pioneer and leader in providing higher education in Cambodia.

CCES is maintaining a focus on sustainable international business development by embedding its programs in the development strategies of over 100 customs administrations and private sector organisations. To achieve this, it is further developing its international leadership role and consolidating its licensing arrangements, which represent a key element in the company’s business growth and in maintaining its competitive advantage in the global market.

CCES has received a number of awards recognising its achievements in the global market, including in 2008 being the Australian Export Category Winner for Education and Training and the ACT Chief Minister’s Exporter of the Year.

More recently this ongoing success saw CCES being inducted into the ACT Exporters Hall of Fame, with the plaque being unveiled by the then Chief Minister, Mr Jon Stanhope, at the launch of the 2011 ACT Chief Minister’s Export Awards.

Seeing the value to exporters in entering the Awards, CCES now supports others entering the ACT Chief Minister’s Export Awards through its Platinum Sponsorship. Professor David Widdowson said that these sponsorship opportunities “give us a real sense of achievement in being able to encourage competitive ACT companies to pursue their international marketing goals and realise their export ambitions”.

CCES has demonstrated its strong commitment to actively supporting the development of new and emerging exporters, as well as providing private sector leadership of the Canberra regional export derive through is active participation in Canberra Business Council’s International Business Taskforce. CCES staff are also regular attendees at networking functions hosted by the ACT Exporters’ Network.

For more information on the Centre for Customs and Excise Studies at the University of Canberra, please visit www.customscentre.canberra.edu.au.

The Centre for Customs and Excise Studies has received a number of awards recognising its achievements ...

A S S O C I AT I O N S T O B U S I N E S S A 2 B

B R E N TJ U r aT O W I T C H

PRESIDENT

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


For more information on the ACT Exporters’ Network visit actexportersnetwork.com, orcontact the Network’s manager, Pam Faulks, on 0400 090 452, [email protected].



yellowedge.com.au/alic

Canberra’s very own world class training and

corporate function facility is available to you.

Contact our friendly staff today for further details.

You will be impressed!

Level 2, 9 Sydney Ave, Barton

6175 7650 / [email protected]

Follow the leaders.University of Canberra recognised

This year the ACT Exporters’ Network is celebrating ten years of Canberra’s exporters working together to achieve export success. Part of this success can

largely be attributed to the commitment and enthusiasm of its members and the ongoing support of its sponsors.

The Centre for Customs and Excise Studies (CCES) at the University of Canberra falls into both these groups – being an Award winning exporter, Silver Sponsor of ACT Exporters’ Network and Platinum Sponsor of the ACT Chief Minister’s Export Awards.

Publicly recognised by the World Customs Organization as the leading centre of excellence in its area of expertise, CCES provides customs research, consultancy and internationally endorsed educational programs ranging from vocational through to postgraduate and doctoral level. Its client base includes customs and other government agencies, international organisations and private companies in over 200 countries.

CCES enjoys an international niche market in which no other organisation provides either the quality or range of products and services. In this regard CCES is truly unique.

A key strength in achieving this success is a global network of over 150 experts, which is rapidly expanding to keep pace with unprecedented levels of business growth. CCES began in 2001 as an area of academic interest within the University of Canberra, and was then incorporated in late 2003. Since then CCES’s ongoing growth is reflected in the establishment of its offices in Australia, Thailand, Jordan, the UAE, Sri Lanka and Kenya, as well as its

official representation in South Africa, Cambodia, the US and the UK.

Recent agreements see the establishment of a campus in Abu Dhabi through which its programs are being delivered in Arabic throughout the Middle East, and the joint development and delivery of a comprehensive education program in Cambodia through the Pannasastra University of Cambodia, which is a pioneer and leader in providing higher education in Cambodia.

CCES is maintaining a focus on sustainable international business development by embedding its programs in the development strategies of over 100 customs administrations and private sector organisations. To achieve this, it is further developing its international leadership role and consolidating its licensing arrangements, which represent a key element in the company’s business growth and in maintaining its competitive advantage in the global market.

CCES has received a number of awards recognising its achievements in the global market, including in 2008 being the Australian Export Category Winner for Education and Training and the ACT Chief Minister’s Exporter of the Year.

More recently this ongoing success saw CCES being inducted into the ACT Exporters Hall of Fame, with the plaque being unveiled by the then Chief Minister, Mr Jon Stanhope, at the launch of the 2011 ACT Chief Minister’s Export Awards.

Seeing the value to exporters in entering the Awards, CCES now supports others entering the ACT Chief Minister’s Export Awards through its Platinum Sponsorship. Professor David Widdowson said that these sponsorship opportunities “give us a real sense of achievement in being able to encourage competitive ACT companies to pursue their international marketing goals and realise their export ambitions”.

CCES has demonstrated its strong commitment to actively supporting the development of new and emerging exporters, as well as providing private sector leadership of the Canberra regional export derive through is active participation in Canberra Business Council’s International Business Taskforce. CCES staff are also regular attendees at networking functions hosted by the ACT Exporters’ Network.

For more information on the Centre for Customs and Excise Studies at the University of Canberra, please visit www.customscentre.canberra.edu.au.

The Centre for Customs and Excise Studies has received a number of awards recognising its achievements ...

A S S O C I AT I O N S T O B U S I N E S S A 2 B

B R E N TJ U r aT O W I T C H

PRESIDENT






AFFILIATED WITH

Canberra: one of the world’s great national capitals

It is great to see our local government, tourism operators and private sector companies continuing to find innovative ways to attract visitors and beautify our great city.At the recent 2011 ACT Architecture Awards

one such innovation was recognised – ‘The Journey’ light sculpture which graces the foyer of the new ACTEWAGL building in Bunda Street, Civic.

To celebrate its 10th anniversary, ACTEWAGL commissioned Canberra-based artist Robert Foster of FINK & Co in collaboration with Frost Design to create an installation for its headquarters. The finished work is made up of 37 tusk-like, light-filled forms that seem to emerge from the concrete floor of the foyer. When people walk through the foyer they trigger motion sensors in the ceiling that change the sequences of colour and movement. These lights can be seen from the footpath and road outside the building and the bus interchange.

As the ACT Architecture Awards Jury Chair, Shelley Penn stated, this is a great example of place-making through private development.

It is also another example of the many distinctive local attractions Canberra has to offer. Sometimes it seems though that however successful and original our tourism sector is, people hold stubbornly to pre-established biases against this great city.

In its Pre-Federal Budget Submission, Canberra Business Council again talked about the “Canberra-bashing” that occurs across the nation and called on the Government to actively promote Canberra as the National Capital and the place that embodies the spirit of Australia coming together as a nation.

The ongoing battle Canberra has to be recognised as a major capital city was demonstrated again last month. In mid-June, an essay by Elizabeth Farrelly ran in the Sydney Morning Herald which said, among other things, “Canberra can feel a lot like an airy outer

suburb or plump country town. All grass and trees and lakeside bike paths, it’s not much more than a nice place to tootle round for the occasional weekend”. She went on to suggest, “It’s hard not to feel that Canberra is under-designed, under-formed and under-occupied. It feels, in short, empty.”

This type of view of our city diminishes the role of Canberra in the nation’s collective psyche and demonstrates to the world our immaturity as a nation. Australians should take pride in their capital and understand its vital role in both the past and future of this nation. A capital is the heart and soul of a country and Canberra should be embraced as such.

The Chair of Canberra Business Council’s Tourism Taskforce, Mr David Marshall, wrote a letter to the editor of the Sydney Morning Herald in reply to this article.

He argued, on behalf of Canberra Business Council, that Canberra is one of the worlds’ great capitals, and one of the most liveable cities on earth. It is a place of natural beauty, clean air, magnificent world class attractions, iconic research institutions and universities, as well as the cultural centre of Australia and the home to 100 Embassies and High Commissions.

This city is a credit to its founders and to those who have been committed to its continual development and growth over almost100 years. There is little doubt that in the future people will l ook upon Canberra as one of the world’s great national capitals.

Anyone who lives in or has visited Canberra knows what a wonderful place it is and will surely agree with these sentiments.

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

CHEIF EXECUTIVE OFFICER

C H R I SFa U L K S

A 2 B A S S O C I AT I O N S T O B U S I N E S S

“It’s hard not to feel that Canberra is under-designed, under-formed and under-occupied.

It feels, in short, empty.” Sydney Morning Herald

Upcoming Events

4 August 2011 Export Network – Towards 2020

TIME 12.00 – 4.30pm (Dinner 6.00pm)VENUE National Portrait Gallery/Old Parliament HouseRSVP Aug 2011

31 August 2011ACT Chief Ministers AddressTopic: Vision for the ACT

TIME 12.30pm -2.00pmVENUE Hyatt HotelCOST $85 Members, $105 Non-Members

FOR REGISTRATION GO TO:www.canberrabusinesscouncil.com.au Principal Members

ACTEW Corporation, ActewAGL, Bank West, Blue Star Printing Group, Canberra International Airport, Cre8ive, Elite Sound & Lighting, Ernst & Young Services Trust, eWAY, Hindmarsh, HolisTech Pty Ltd, ISIS, KPMG (Canberra), Master Builders Association (ACT), Medibank Health Solutions, National Australia Bank Ltd (Turner), National Museum of Australia, NEC Australia Pty Ltd, Staging Connections (ACT),The Village Building Co, Thyssen Krupp Marine Systems Australia, TransACT Communication

What would you like to grow?Share your story at whatwouldyouliketogrow.com.au

How can we make room for growth?

Getting the most out of life on campus requires a decent roof over your head. But with a study indicating as many as 4000 students looking for accommodation, a leading NSW University found it simply didn’t have enough beds. At the same time, it preferred to invest its own money in core strengths like research and teaching facilities. With advice from our Deals team, the University was able to successfully outsource the development of on-campus accommodation. Instead of following the usual route of finding funding in the public sector, we assisted in helping them secure private sector investment. The result was a sense of growth on campus, with the bustle of building activities and a greater emphasis on teaching and resources. While for the students, there is now more than enough room to embrace University life and experience growth on a personal level.

SPWC0068_UNI_B2Bv3_275x210.indd 1 17/11/10 3:02 PM


AFFILIATED WITH

Canberra: one of the world’s great national capitals

It is great to see our local government, tourism operators and private sector companies continuing to find innovative ways to attract visitors and beautify our great city.At the recent 2011 ACT Architecture Awards

one such innovation was recognised – ‘The Journey’ light sculpture which graces the foyer of the new ACTEWAGL building in Bunda Street, Civic.

To celebrate its 10th anniversary, ACTEWAGL commissioned Canberra-based artist Robert Foster of FINK & Co in collaboration with Frost Design to create an installation for its headquarters. The finished work is made up of 37 tusk-like, light-filled forms that seem to emerge from the concrete floor of the foyer. When people walk through the foyer they trigger motion sensors in the ceiling that change the sequences of colour and movement. These lights can be seen from the footpath and road outside the building and the bus interchange.

As the ACT Architecture Awards Jury Chair, Shelley Penn stated, this is a great example of place-making through private development.

It is also another example of the many distinctive local attractions Canberra has to offer. Sometimes it seems though that however successful and original our tourism sector is, people hold stubbornly to pre-established biases against this great city.

In its Pre-Federal Budget Submission, Canberra Business Council again talked about the “Canberra-bashing” that occurs across the nation and called on the Government to actively promote Canberra as the National Capital and the place that embodies the spirit of Australia coming together as a nation.

The ongoing battle Canberra has to be recognised as a major capital city was demonstrated again last month. In mid-June, an essay by Elizabeth Farrelly ran in the Sydney Morning Herald which said, among other things, “Canberra can feel a lot like an airy outer

suburb or plump country town. All grass and trees and lakeside bike paths, it’s not much more than a nice place to tootle round for the occasional weekend”. She went on to suggest, “It’s hard not to feel that Canberra is under-designed, under-formed and under-occupied. It feels, in short, empty.”

This type of view of our city diminishes the role of Canberra in the nation’s collective psyche and demonstrates to the world our immaturity as a nation. Australians should take pride in their capital and understand its vital role in both the past and future of this nation. A capital is the heart and soul of a country and Canberra should be embraced as such.

The Chair of Canberra Business Council’s Tourism Taskforce, Mr David Marshall, wrote a letter to the editor of the Sydney Morning Herald in reply to this article.

He argued, on behalf of Canberra Business Council, that Canberra is one of the worlds’ great capitals, and one of the most liveable cities on earth. It is a place of natural beauty, clean air, magnificent world class attractions, iconic research institutions and universities, as well as the cultural centre of Australia and the home to 100 Embassies and High Commissions.

This city is a credit to its founders and to those who have been committed to its continual development and growth over almost100 years. There is little doubt that in the future people will l ook upon Canberra as one of the world’s great national capitals.

Anyone who lives in or has visited Canberra knows what a wonderful place it is and will surely agree with these sentiments.

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

CHEIF EXECUTIVE OFFICER

C H R I SFa U L K S


“It’s hard not to feel that Canberra is under-designed, under-formed and under-occupied.

It feels, in short, empty.” Sydney Morning Herald

Upcoming Events

4 August 2011 Export Network – Towards 2020

TIME 12.00 – 4.30pm (Dinner 6.00pm)VENUE National Portrait Gallery/Old Parliament HouseRSVP Aug 2011

31 August 2011ACT Chief Ministers AddressTopic: Vision for the ACT

TIME 12.30pm -2.00pmVENUE Hyatt HotelCOST $85 Members, $105 Non-Members

FOR REGISTRATION GO TO:www.canberrabusinesscouncil.com.au Principal Members

ACTEW Corporation, ActewAGL, Bank West, Blue Star Printing Group, Canberra International Airport, Cre8ive, Elite Sound & Lighting, Ernst & Young Services Trust, eWAY, Hindmarsh, HolisTech Pty Ltd, ISIS, KPMG (Canberra), Master Builders Association (ACT), Medibank Health Solutions, National Australia Bank Ltd (Turner), National Museum of Australia, NEC Australia Pty Ltd, Staging Connections (ACT),The Village Building Co, Thyssen Krupp Marine Systems Australia, TransACT Communication

What would you like to grow?Share your story at whatwouldyouliketogrow.com.au

How can we make room for growth?

Getting the most out of life on campus requires a decent roof over your head. But with a study indicating as many as 4000 students looking for accommodation, a leading NSW University found it simply didn’t have enough beds. At the same time, it preferred to invest its own money in core strengths like research and teaching facilities. With advice from our Deals team, the University was able to successfully outsource the development of on-campus accommodation. Instead of following the usual route of finding funding in the public sector, we assisted in helping them secure private sector investment. The result was a sense of growth on campus, with the bustle of building activities and a greater emphasis on teaching and resources. While for the students, there is now more than enough room to embrace University life and experience growth on a personal level.

SPWC0068_UNI_B2Bv3_275x210.indd 1 17/11/10 3:02 PM


Welcome to a new Financial Year

Most people would be aware of the recent decision of Fair Work Australia that has increased the minimum wages in Modern Awards by 3.4%

from the beginning of July. What you may not know is that the “minimum wages” printed in most Modern Awards do not necessarily state the minimum rate that an employer is legally bound to pay to their employees. This means that an employer might pay employees at the wage rates specified in the Award but still be in breach of their obligations under the Award.

The printed Modern Award rates are an important part of the obligation, but (in most of the Awards) there is another layer that must be applied – the adjustments required by the Transitional Provisions of the Modern Award. The Transitional Provisions were presumably inserted into Modern Awards to ease the shock of any abrupt increases or decreases in employee payments that might have occurred if the Modern Awards pay rates were fully adopted when the Awards came into operation in January 2010. In practice, however, the Transitional Provisions require employers to perform a series of calculations for each Modern Award employee classification to determine the real wage rate that is required under the Award. This required rate may be higher, lower, or equal to the published Modern Award rate depending upon the provisions of the superseded award. A similar process is required in respect of casual loadings, shift allowances and evening/weekend penalties.

The standard Transitional Provisions apply in the great majority of Modern Awards, and require adjustments to the rate of wages, loadings and penalties during the period 01 January 2010 until 30 June 2014. However, a handful of Modern Awards have no Transitional Provisions at all. Notably, the Social, Community, Home Care and Disability Services Industry Award 2010 has some unique arrangements: until 01 February 2012 employers covered by that Modern Award should essentially still draw their minimum wage obligations from the earlier award that applied up until 2009, plus the general wage increases applied from July 2010 and July 2011. It’s definitely worth checking the Transitional Provisions that exist in the Modern Award(s) that apply in your business, and seek assistance if required.

Another task that employers are required to do on behalf of Government has been added to your workload from 1 July 2011. In addition to being unpaid tax collectors under the GST legislation, employers are now required to perform the duty of distributing a Commonwealth Government benefit – Parental Leave Pay – to eligible employees. The ACT & Region Chamber of Commerce & Industry applauds the availability of government-funded Parental Leave Pay to mothers and fathers who take time off work to care for a young child. The first payments under the Paid Parental Leave Act 2010 were available from January this year, and were delivered through Centrelink, the Commonwealth Government agency with the role of delivering various benefits on behalf of Government.

However, from 1 July 2011 the Commonwealth Government requires that employers, not Centrelink, will be the primary means of delivering the government-funded payments to eligible recipients. There will be a number of tests to be satisfied to determine, firstly, whether the applicant is entitled to the payment, and then to determine which employer is responsible for delivering the benefits. The Government’s Families Assistance Office (FAO) will contact that employer for confirmation of the person’s employment, and make arrangements for the payment of the benefit to the employer in preparation for the delivery of the payment by the employer to the employee.

There are particular ways that the employer must treat the payments received, and passed on to the employee, in order to avoid unnecessary obligations for employer superannuation and other on-costs. However, for most employers this will be an issue that won’t arise for some time yet. On a more immediate note, the Families Assistance Office would like employers to proactively register the details of their business, sooner rather than later, in preparation for making those future payments.The ACT & Region Chamber of Commerce & Industry has a long history of providing advice and support to employers on a wide range of Workplace Relations and Human Resources issues.

For further information contact Greg SchmidtPO Box 192, Deakin West ACT 2600 12a Thesiger Court, Deakin ACT P (02) 6283 5236 F (02) 6282 5045 M 0412 747 894 E [email protected]


DIRECTORWORKPLACE RELATIONS

G R E GS C H M I D T

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

Associates and AffiliatesRetail Traders Association, Australian Industry Defence Network

Foundation MemberAustralian Chamber of Commerce & Industry

Are you aware that an employer might pay employees at the wage rates specifi ed in the Award but still be in breach of their obligations under the Award?

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