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2000 Apr-Jun

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Index

Year

Month

Page
PRESIDENTS COMMENTARY • Two big events for 2000 • AGM • 2000 National Conference 2000 April 130
ICSA INTERNATIONAL • Corporate Annual Reports • stylish but insubstantial 2000 April 132
COMPANY SECRETARY • Action Plans in response to criminal and regulatory investigations • Notices to produce information and documents • Right of entry and inspection • Search warrants • Legal professional privilege • ASIC • Challenges to the validity of notices and warrants • Legal obligations of company secretaries • Action plans 2000 April 135
CORPORATE LAW REFORM: A note on the process and program • CLERP Act 1999 • CLERP • Simplification • Comparing the two • the rhetoric • the substance • political appeasement 2000 April 140
RISK MANAGEMENT • IMPROVING BOARD PERFORMANCE • the need for review • board mechanics • directors' performance 2000 April 147
MISCONDUCT OUTSIDE WORK TIME • Most workplaces occasionally hold functions attended by staff after hours, or the work itself may involve extended travel • An employer's rights and obligations in relation to the behaviour of its employees in these and similar contexts, can be complex • At what point does the employer cease having a say over the employee's activities? Does a weekend break at a foreign port carry the same rules as an afternoon tea break? 2000 April 150
WHEN IS A CONTRACT OF INSURANCE ENTERED INTO? A recent South Australian decision has confirmed that a contract of insurance will only have been entered into once the insurer has given an unqualified acceptance of cover 2000 April 152
CORPORATIONS LAW UPDATE • Some Practical Implications of CLERP and Tax Reform for Managed Investments • Fund Raising Provisions Takeovers of Listed Trusts • Tax Reform 2000 April 154
CONSUMER LAW UPDATE • A Dispassionate Retrospective on a Heated Issue of the Time • Rugby League is reunited: But what does the ACCC say? 2000 April 157
TAXATION LAW UPDATE • The Proposed Profits First Rule • Capital Gains Tax Treatment of Assets acquired by the Trust 2000 April 159
SUPERANNUATION LAW UPDATE • New Superannuation Fund investment rules 2000 April 163
ENVIRONMENT LAW UPDATE • No immunity for discharge of contaminated water • Time related advantage not a special value 2000 April 167
EMPLOYMENT LAW UPDATE • Workplace Bullying is Worth Preventing • Common Law and Statutory Duties • Types of Bullying • Management Strategies against Bullying • Protect your Employees and Protect your Business 2000 April 170
MANAGEMENT • How To Conduct a Job Analysis • Job evaluation • Job rewards • Management compensation 2000 April 172
ASX LISTING RULE AMENDMENTS 2000 April 176
STATE FOCUS • Victoria • New South Wales • Queensland • South Australia 2000 April 182
CICSA Professional Development April - June 2000 2000 April 191
PRESIDENT'S COMMENTARY • A Day at the Office 2000 May 194
ICSA INTERNATIONAL • Successor by Sale 2000 May 196
COMPANY SECRETARY • COMPANY OFFICERS AND THE TRADE PRACTICES ACT • An overview of responsibilities 2000 May 201
RISK MANAGEMENT • DEMYSTIFYING RISK MANAGEMENT • increasingly, companies are being required to demonstrate that they have sound processes for risk management as part of corporate Governance • A holistic and effective 2000 May 206
Dos' and don'ts of holding members' meetings at more than one place 2000 May 211
IT'S OK ITS IN WRITING. Ethics in the balance sheet 2000 May 212
ACCC Pricing Guidelines 2000 May 214
ACQUSIITIONS, TAKEOVERS and CLERP 2000 May 216
CORPORATIONS LAW UPDATE • THE STATUTORY BUSINESS JUDGMENT Rule: What was all the fuss about? The new duty of care rules • Definition of business judgment • Application of the business judgment rule • Safe harbour proves elusive • Will the new rule make a difference 2000 May 220
CONSUMER LAW UPDATE • THE NEW TAX SYSTEM (TRADE PRACTICES AMENDMENT) BILL INTRODUCED ON 16 MARCH 2000 SHOULD BE SCUTTLED. IT IS UNCONSCIONABLE • The Trade Practices Act and how the Bill amends it • Some comments on the effect of the amendments 2000 May 224
TAXATION LAW UPDATE • Loans to Directors • The AAT Decision • Decision of the Federal Court Trial Judge • Appeal to Full Federal Court 2000 May 227
SUPERANNUATION LAW UPDATE • Consequences of breach of the Superannuation Fund in-house investment rules 2000 May 231
ENVIRONMENT LAW UPDATE • CLERP REFORMS AND ENVIRONMENTAL LAW - DIRECTORS' DUTIES, DUE DILIGENCE AND RELYING ON THE ADVICE OF OTHERS • The new provisions in the Corporations Law • Environmental offences by corporations and offences by directors 2000 May 234
EMPLOYMENT LAW UPDATE • NEGOTIATING IN GOOD FAITH • The good faith clause • The decision • Enforcement of clauses requiring negotiation in good faith • Core obligation of good faith 2000 May 237
CICSA Professional Development May - June 2000 2000 May 239
STATE FOCUS • Victoria • New South Wales • Queensland • South Australia • Tasmania • Western Australia 2000 May 245
PRESIDENT'S COMMENTARY • Name change 2000 June 258
ICSA INTERNATIONAL • DESIGNS • The dawning of a new era in intellectual property rights in Malaysia 2000 June 260
COMPANY SECRETARY - EXPLOITING TECHNOLOGY TO IMPROVE BEST PRACTICE IN COMPLIANCE • Compliance, whether it is compliance with the law or compliance with company policy, is something which is often seen by those who need to comply as an inherently dull subject • It is also something which is generally critically important and fundamental to not only creating an environment of best practice, but also to reducing exposure to risk • In areas such as trade practices where there is risk for both company and for individuals, it is even more important 2000 June 264
APPLIED CORPORATE GOVERNANCE - BOARD EVALUATION IN STATUTORY AND NOT-FOR-PROFIT ENTERPRISES • The role of the Company Secretary in optimizing board performance • Benefits of a Board Evaluation • Forms of Board Performance Review • The Board Evaluation Process Criteria for Board Evaluation • Subject matter for Evaluation • Board Operations • Corporate Governance • Financial Overview • Policy Overview Planning 2000 June 268
RISK MANAGEMENT - RISK ANALYSIS AND COMMERCIAL SOLUTIONS • the value of risk analysis • commercial solutions • quantifying the risks evaluating strategies 2000 June 271
STRAIGHTFORWARD SOLUTIONS TO COMPLEX SUPERANNUATION ISSUES 2000 June 274
PROPOSED AMENDMENTS TO ASX LISTING RULES 2000 June 276
CORPORATIONS LAW UPDATE - NEW PRIVACY LEGISLATION BEFORE PARLIAMENT • Far-reaching implications for the private sector • What information is covered • When will the legislation come into force? • Developing specific privacy codes 2000 June 278
CONSUMER LAW UPDATE - WHAT IS A CLASS ACTION? The High Court overturns the Full Federal Court in the Silkfield Case • The brief facts, the relevant law and the history of the Silkfield Case prior to the High Court decision • The High Court decision • Lessons from the case 2000 June 282
TAXATION LAW UPDATE • Superannuation Fund Pension Assets • Distribution of Capital Gain by Trustee of a Unit Trust • Scrip-for-Scrip Rollover 2000 June 286
SUPERANNUATION LAW UPDATE • New taxation measures for pension funds 2000 June 290
ENVIRONMENT LAW UPDATE - GENETICALLY MODIFIED ORGANISMS - ENVIRONMENTAL REGULATION IN AUSTRALIA • Consultation draft - Gene Technology Bill 2000 • Environmental issues raised by GMO's 2000 June 295
EMPLOYMENT LAW UPDATE - MISUSE OF EMAIL AND THE INTERNET IN THE WORKPLACE • The Ansett decision • The facts • The decision Implications for employers • Formulating and implementing policies on the use of email and the Internet in the workplace 2000 June 299
MANAGEMENT UPDATE - MANAGING INSUBORDINATION IN THE WORKPLACE • explicates the growing problem of insubordination in the workplace • Focuses on three areas which commonly lead to worker insubordination • Offers insight and practical solutions for managers 2000 June 302
STATE FOCUS • Victoria • New South Wales • Tasmania • South Australia 2000 June 309