Index	Year	Month	Page
LA TROBE UNIVERSITY • OECD survey of the Australian economy	1998	February	2
NEWS IN BRIEF • Finance industry cashes in on quality ASC welcomes CLERP electronic commerce changes Capital gains tax test deadline extended	1998	February	4
THE COMPANY SECRETARY • Company secretaries need to be proactive in meeting their responsibilities. This is particularly the case when ensuring non-executive directors are properly briefed. Ethical dilemmas can arise from this process, however, peer support by professional colleagues will help. Meeting these challenges will strengthen the secretary’s role and promote good corporate governance	1998	February	6
THE MILLENIUM BUG-PROBLEM OR OPPORTUNITY? • An Institute member with over thirty years programming experience overviews the ‘year 2000 problem’. Suggests risk management strategies and solutions. Considers specific problems with hardware, software, networks and plc’s. Notes legal considerations. Concludes there are benefits to be realised	1998	February	10
COMPANY MEETINGS: WHAT YOU NEED TO KNOW • Types of general meetings. AGM for proprietary companies. Business of an AGM	1998	February	14
CORPORATIONS LAW UPDATE • Insolvent trading - Irregularities - Appointment of Directors - Contravention of Articles - Duties of Defacto Managers and Directors of Companies	1998	February	17
TAXATION LAW UPDATE • Distributions from private companies; Private company loans; Commercial loans; Hardship provisions; Amalgamated loans; Other loans not treated as dividends; Loans via interposed entities; Anti-avoidance provision - repayment followed by new loan; Private company payments treated as dividends; Forgiveness of debts; Limitation on amount of dividends; Treatment of subsequent dividends; Practical considerations	1998	February	20
INDIRECT TAXATION UPDATE • Current dumping developments; What is dumping; Australian response to dumping; Anti-dumping complaints; Recent developments; Commodities affected	1998	February	24
SUPERANNUATION LAW UPDATE • Changes to surcharge rules; Changes to early benefit release rules; Changes to taxation of trust income	1998	February	26
CONSUMER LAW UPDATE • The need to be careful and accurate in advertising emphasised in a 1995 case; The need to pay particular care to possible ambiguities in everyday usage of words; The need for particular care in ensuring that products are accurately compared	1998	February	29
ENVIRONMENTAL LAW UPDATE • New guidelines on environmental reporting; NSW EPA releases industry survey results; Small group discussion - results; Questionnaire results	1998	February	31
MANAGEMENT UPDATE • Maps a strategy for organising and managing time through effective action planning; Other company secretary skills covered include delegation, scheduling and how to handle interruptions	1998	February	34
WHO IS A DIRECTOR • A review of the elements of the extended definition of shadow directors pursuant to s60 (l)(b) has raised a number of issues; There still remains some confusion as to the ambit of the definition as a result of the particular wording adopted; This uncertainty is of little comfort to parties who may, in certain circumstances, be at risk of being caught by the extended definition of shadow director	1998	February	37
PUBLIC SECTOR EXECUTIVES • Notwithstanding popular rhetoric to the contrary, public sector managers do not have the same values as those in the private sector; Whilst competency models confirm some similarities there are significant differences that are more than mere semantics; If public sector managers are to achieve the standards they espouse, more research is needed to clarify the changes that will be needed	1998	February	41
D & O RESPONSIBILITIES IN GBE’S • Secretaries of newly corporatised and privatised GBE’S need to consider how the entities’ directors see their roles and responsibilities; The public may have special rights where essential services and products are involved; If such rights exist, they are not catered for in the legislative and case law definitions that traditionally shaped D & O’s responsibilities	1998	February	45
NEWS IN BRIEF • ASC warns company directors about preparation of prospectuses; ASC Chairman launches a ‘first’ for Australian business; Small business red tape slashed; Share allocation policy	1998	March	50
INSTITUTE INTERVIEW WITH TREVOR SYKES • Corporate governance is much written about in the business press in particular; A major cause of corporate failure is fraud and bad management; The company secretary has a key role in ensuring good corporate governance helps overcome these failures by countering the causes	1998	March	52
BOARD PERFORMANCE • Company secretaries need to be aware of Board performance and provide advice on how it can assess its own performance & promote improvement; Boards particularly will be judged on: - compliance with the ASX Corporate Governance Listing Rule; disclosure; related-party conflicts; reasons for under-performance and actions taken; major transactions impacting on shareholders; director qualifications; Key areas directly effecting the company secretary will be value adding; conformance and performance	1998	March	56
THE ASX • A brief look at the history of the Australian Stock Exchange; Discuses the role of best practice and corporate governance in ASX	1998	March	60
PERSONAL LIABILITY: A NOTE ON SECTION 232 • Corporations Law; Civil liability; Criminal liability; Aiding and abetting; Environmental law offences, defences and due diligence	1998	March	64
CORPORATIONS LAW UPDATE • Disqualification notices; Otter Gold Mines Limited v Australian Securities Commission (1997) 15 ACLC 1, 732 Allquip (W.A.) Pty Ltd (in liquidation) v Allan (1998) 16 ACLC 34	1998	March	67
TAXATION LAW UPDATE • The Taxation Laws Amendment Bill (No.7) contains measures to introduce: A Specific anti-streaming rule which will apply where a company streams dividends so as to provide a franking credit benefits to shareholders; a general anti-avoidance provision that applies to franking credit trading and dividend streaming schemes	1998	March	70
INDIRECT TAXATION UPDATE • Strategic assistance for research and development; What is R & D under the Program; What assistance is available; Who is eligible; What expenditure is eligible; Limitations on assistance; Date of commencement (all incentives); Application process; The future of R & D Start	1998	March	73
SUPERANNUATION LAW UPDATE • Trustees and death benefits; Recent SCT decisions; Proposed changes	1998	March	76
CONSUMER LAW UPDATE • Negotiators must be definitive in their statements and conduct; Failure to do so may be misleading conduct under the TPA; Concepts of relevance as to what points in the negotiations this may apply to have been expanded via a recent case	1998	March	80
ENVIRONMENTAL LAW UPDATE • Framework for Greenhouse Emission Trading in Australia - Industry Commission Research Paper; Kyoto Climate Change Protocol; Australia’s Response to climate change - Statement by the Prime Minister of Australia; National Environmental Protection Measures (Implementation) Bill 1997	1998	March	84
EMPLOYMENT LAW UPDATE • Provisions dealing with right of entry to the workplace by union officials came into operation on 1 January 1997; A recent case demonstrates that Division 11A marks a departure from previous legal framework and culture of industrial relations in Aust.	1998	March	87
MANAGEMENT UPDATE • A basketball coach discusses principles and philosophies that led to ten national championships; These can be applied to the corporate environment just as effectively	1998	March	89
AGE DISCRIMINATION • A review of the burgeoning and somewhat confusing Australian legislation in respect of age discrimination in employment; Considers the potential impact of age discrimination on management; Reviews research on productivity as a correlate of age	1998	March	91
DOING BUSINESS IN ASIA • Relationships; Negotiation; Contracts	1998	March	94