November 2016 Issue 121

Release of guarantees – keeping your security
Business Law
Guarantees form a fundamental part of many loan contracts; for most lenders, having one or more guarantors for the borrower's obligations under the contract is essential, as it provides additional security for their loan. However, there are several issues to consider where a borrower defaults and you attempt to enforce the guarantee, especially in circumstances where you may only get...
Act now to avoid a Christmas cash flow crunch
Cash Flow Solutions
The Christmas period for small businesses seems to lead to cash flow problems. From there, things can go from bad to worse, seeing a rise in insolvencies in the New Year, typically in February. To avoid these cash flow shortages, small businesses should start to plan for the cash flow crunch now. The Christmas shut down period sees the normal...
Risk and business continuity: compliance or good management
Cyber Security
Risk management and business continuity planning are often seen by organisations as distractions from their day-to-day business. Many organisations approach these areas as a compliance activity required to meet certain standards, because their clients expect them to have policies and procedures in place, or because senior management have said they need them. However, approaching risk and business continuity from this...
Poor practitioners poison the pool
Expert Advice
The recent NSW Supreme Court case, In the matter of Condor Blanco Mines Ltd NSWSC 1196, once again serves as fair warning to an already wary insolvency profession that the highest standards of independence, neutrality and professionalism are expected of insolvency appointees, and those standards will be enforced by the Courts. In this case, questions were raised against the...
B2B contracts – unfair contract terms
Expert Advice
If you are reading this B2B article, it is likely you are interested in B2B transactions. The Australian Consumer Laws (the ACL) protect consumers from unfair contract terms in standard form contracts. With effect from 12 November 2016 these protections will extend to B2B transactions for small business. These extensions will allow for unfair contract terms in small business contracts...
Australia’s most wanted: knowledge workers in growing demand
Recruitment
The demand for knowledge workers is increasing as employers recruit these highly-skilled professionals to add immediate value and adapt to the rapidly changing and digitising world of work. Of the new jobs added to the latest Hays Quarterly Report of skills in demand (for October to December 2016), almost all require knowledge workers. Knowledge workers are candidates who require a...
The fine line between “funny” and “frightening”
Expert Advice
If you are anything like me, you appreciate a good yarn about funny / interesting work place incidents. Some industries bear more fruit when it comes to tall tales than others. Strata management is fertile ground in this department. A colleague of mine from Victoria, Stephen Raff (CEO of Ace Body Corporate Management) has recently published a book on this...
Google vs Facebook advertising
Expert Advice
Some people say, they have spent money on Google Adwords, but it didn't work for them or someone tried using Facebook advertising for their business and it did not give them any business. I often come across businesses with such issues and I believe the solution is as simple as understanding the advertising platforms better. So, I have put together...
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