Index	Year	Month	Page
PRESIDENT’S COMMENTARY • A member’s guide to the way ahead • Four steps to our future	1999	October	386
ICSA INTERNATIONAL • A lesson in data courtesy: covert monitoring • The feedback • Good Practice • The argument from trade	1999	October	390
NEWS IN BRIEF • Registered scheme financial reporting	1999	October	394
PROMOTING CERTAINTY • Argues for a purposive approach to interpretation, which admits the indeterminacy arising from structure, language & modern regulation statutes	1999	October	396
SECRETARIAL PRACTICE • The High Court has held that parties sued for breach of contract in relation to failure to exercise reasonable care may not reduce liability	1999	October	401
BREACH OF DIRECTORS’ DUTIES • In certain circumstances directors may be held to the same high standards as the trustee of a traditional trust • A defaulting director may be liable for the full amount of the loss, even where a significant proportion of the loss is outside their control • For further information, contact the author on email: skrieger@claytonutz.com.au	1999	October	402
APPLIED CORPORATE GOVERNANCE • An alternative approach to the current regulatory regime • Disclosure requirements • Concepts of self-governance • Advantages • Changes to the law • Further information can be obtained from the author by email: sturnbull@mba1963.hbs.edu	1999	October	405
CREDIT - RISKY BUSINESS • Preparing for the economic system’s next store of surprises • Messages from 1998	1999	October	408
CORPORATIONS LAW UPDATE • CLERP Alert • Disclaimer of an unprofitable contract • Legal and professional privilege	1999	October	410
TAXATION LAW UPDATE • Pay As You Go (PAYG) - Instalments	1999	October	414
CONSUMER LAW • Third line forcing provisions in s47(6) and s47(7) of the Trade Practices Act create difficulties for suppliers wishing to deal with a particular association • This problem was again illustrated in ACCC v Health Partners Incorporated [(1998) ATPR 41-604: Federal Court: Mansfield J] • This case illustrates that misrepresentations require much more than the use of words which are not distinctive or have not a second meaning	1999	October	419
EMPLOYMENT LAW UPDATE • Risk management of disability discrimination claims • Costs of defending disability discrimination claims	1999	October	420
SUPERANNUATION LAW UPDATE • The Superannuation Guarantee Charge, whilst not new, is still in some cases not being properly calculated by employers • The following is a recap of the key provisions of the Act together with incentives for employers to come clean with genuine mistakes • A checklist is provided to assist employers in ascertaining their position with SG contributions	1999	October	423
MANAGEMENT • Distinguishes between managers and lenders on the basis of the essential characteristics these individuals possess and the roles they must play • Discusses different functions of managers and leaders in relation to organisational effectiveness and organisational change • Examines potential for conflict between managers and leaders • Emphasises importance of both roles in a rapidly changing and increasingly competitive global environment	1999	October	428
SOFTWARE LICENCES: MANAGING YOUR LIABILITIES • Licence to use is not ownership • Unauthorised copies • Customised programs	199	October	430
PRESIDENT'S COMMENTARY • Board approval of new Constitution • The future of Branch Councils • Changes at the helm • Our Affiliates Program • PSC Audit iIn formation our Website: www.cicsa.com.au	1999	November	434
ICSA INTERNATIONAL • Deals with the development of skills which, as an individual, will assist in riding out change from the best possible position - as a accomplice	1999	November	440
ALCOHOL AND DRUGS IN THE WORKPLACE • The use of alcohol and drugs in the workplace is a problem faced by many employers • Three recent decisions shed further light on this issue	1999	November	444
OPPRESSION AND DERIVATIVE ACTIONS • Significance of s246AA • The antidotes in s246AA(2) • Costs protection orders • Oppression • Ratification • Compulsory acquisition	1999	November	448
SECRETARIAL PRACTICE • The NSW Court of Appeal has confirmed that the provision of negligent advice by professionals will not always result in a beach of duty	451	November	451
RISK MANAGEMENT • Disabilities v safety • Workpalce policies • Risk minimisation	1999	November	452
CORPORATIONS LAW UPDATE • CLERP Alert • Directors delegation by power of attorney • Fiduciary duties Minister's consent to institute proceedings	1999	November	455
CONSUMER LAW • Third line forcing: what is the policy? • The problems caused by the per se ban on third line forcing Third line forcing is structural and not result oriented • Authorisation of third line forcing conduct • Notification Notification: The principles of ACCC's practice • Notification: The actuality of the ACCC's practice • Lessons to date	1999	November	458
TAXATION LAW UPDATE • Lodging objections out of time	1999	November	462
SUPERANNUATION LAW UPDATE • The Ralph Report (A tax system redesigned)	1999	November	465
EMERGING LEGAL TRENDS IN CORPORATE LEGAL RESPONSIBILITY • Disclosure and privilege • Corporations law - environmental reporting requirements • Liability of corporations, directors and shareholders	1999	November	469
THE WORKPLACE RELATIONS LEGISLATION AMENDMENT • Summ ary of changes • The role of the Commission Awards • Termination of employment • Certified agreements • Australian Workplace Agreements • Industral action Right of entry • Freedom of association	1999	November	473
MANAGEMENT • Employers are expected to 'take all reasonable steps' to prevent sexual harassment in the workplace The key to prevention is through a training program that will educate all employees • Companies developing a training program should consider state & federal laws, the company's current policy & enforcement of that policy • Companies must meet all state and federal legislation • Company policy should be committed to eradicating and preventing sexual harassment and include a Complaint and Investigation procedure • Enforcement of the policy should be quick and aggressive • With the proper training, employees are the company's first line of defence in preventing sexual harassment	1999	November	477
SMALL PRINT • Discusses holding AGM's and other special meetings of members at two or more venues simultaneously	1999	November	480
PRESIDENT'S COMMENTARY • Press coverage following the release at our National Conference of the joint survey with KPMG	1999	December	482
SECRETARIAL PRACTICE • Proxies and company meetings	1999	December	483
ICSA INTERNATIONAL • Family Boards: Do they work? • Family ties • Duality of roles • The research project	1999	December	486
MATTERS ARISING FROM THE COMPANY LAW REVIEW ACT 1998 • An Institute interview with Laurie Factor FCIS on aspects of recent evidence to the Parliamentary Joint Committee on Corporations & Securities	1999	December	489
THE EFFECT OF TECHNOLOGY ON CORPORATE REGULATION • Impact of technology on regulation • Determination of control Potential applications and issues	1999	December	492
PROBLEMS WITH APPLYING MISLEADING CONDUCT TO AUDITORS • The problem of opinons reasonably held • The question of causation of loss • Experience to date	1999	December	495
OUTSOURCING AN IN-HOUSE LEGAL DEPARTMENT • Documents the backgroud to the unprecedented decision to outsource the legal function of a major public company. • In the authors' view, in years to come outsourced legal functions will be viewed as a common and appropriate business strategy for large companies	1999	December	498
CORPORATIONS LAW UPDATE • Takeover disputes • Contruction of exclusion clauses • Determining the value of shares • Use of information obtained from a register of members	1999	December	502
CONSUMER LAW • Franchise site selections, even when based on genuine opinion, may not be enough to avoid s52 of the Trade Practices Act	1999	December	506
TAXATION LAW UPDATE • GST and residential premises • Capital gains tax concessions	1999	December	510
SUPERANNUATION UPDATE • Superannuation Complaints Tribunal revived • Tribunal Death benefit awards • Binding death benefit nominations	1999	December	513
THE COMMONWEALTH'S ROLE IN ENVIRONMENTAL LAW • The Environmental Protection and Biodiversity conservation Act 1998 The National environment protection measures • National emissions trading	1999	December	517
EMPLOYMENT LAW UPDATE • Take Christmas care in the season of susceptibility • Holiday deadlines and injuries • Offensive gifts and cards • Over indulgence in alcohol • Offensive party behaviour and equal opportunity • Minimising risks	1999	December	520
EMPLOYMENT LAW UPDATE • Take Christmas care in the season of susceptibility • Holiday deadlines and injuries • Offensive gifts and cards • Over indulgence in alcohol • Offensive party behaviour and equal opportunity • Minimising risks	1999	December	522
ELECTRONIC RECORDS AND THE COPYRIGHT ACT • Copyright Act 1968 • Ownership of copyright • Lists, tables and compilations Implied Licences	1999	December	525