Keeping Good Companies articles from December 2004

Keeping Good Companies archives from December 2004

Document retention obligations: when can a document be destroyed?(Roxanne Cowell v. British American Tobacco Australia Services Limited)
December 1, 2004... * The roles and obligations of businesses and their record managers * The current law and the application of that law in practice * Guidance for company officers and legal counsel about what sorts of questions they should be asking...

The cost of being public in the era of Sarbanes-Oxley.(Sarbanes-Oxley and publicly held companies)
December 1, 2004... * The overall increases in costs associated with corporate governance reform in the US are likely to continue in 2004 * Executives surveyed feel these costs are increasingly unpredictable * Section 404 compliance is the area having the...

The ACCC's new informal merger review guidelines.(Australian Competition and Consumer Commission)
December 1, 2004... * The provision of indicative assessment timelines to merger parties * The establishment of a public register containing Statements of Issues setting out the competition concerns raised by mergers reviewed by the ACCC * The...

Increasing electronic shareholder communication take-up: an industry-wide issue.
December 1, 2004... While the increased use of e-communications for shareholder information and interaction has appeared on the corporate agenda of listed companies for several years, over that time there has been a relative lack of progress in terms of widespread...

Improved dialogue between companies and shareholders: good corporate governance, good public relations, or both?
December 1, 2004... * Ideas for improving the convening and process of AGMs * Using technology for shareholder communication * Companies need to assess the adequacy of their shareholder communication strategies At a time when Australian corporate...

Common rule awards in Victoria.(Australian Workplace Agreements)
December 1, 2004... * An overview of the current determination of terms and conditions for Victorian employees * The general principles which will be of application to future declarations of common rule awards * Employers need to manage and prepare for...

Environmental auditing and privilege from disclosure: how Australian law applies.(Australia. Evidence act 1995)
December 1, 2004... * The protection of auditing documents under environmental legislation differs across states * Legal professional privilege under the Evidence Acts * Legal professional privilege at common law Companies with operations in Australia...

IFRS: continuous disclosure obligations of ASX-listed entities.(International Financial Reporting Standards)(Australian Stock Exchange)
December 1, 2004... This article updates ASX-listed entities on their obligations under the continuous disclosure framework relating to the adoption of Australian equivalents to International Financial Reporting Standards (AIFRS). Background From 1...

Are we ready to take the next big step and ride the wave of good fortune?(business strategies to for employee prosperity)
December 1, 2004... * A better quality of life is proving to be of most importance to employees * Managers tend to rate themselves more positively in terms of the degree to which they understand their employees than do their employees * Better...

CLERP 9 and proportionate liability for misleading or deceptive conduct.(State Focus)(Corporate Law Economic Reform Program Act 2004)
December 1, 2004... The Corporate Law Economic Reform Program (Audit Reform and Corporate Disclosure) Act 2004 (CLERP 9) has brought about a quiet revolution in the calculation of claims for damages for economic loss and property damage caused by a breach of the...

Avoiding the pitfalls of delegation: lessons from National Australia Bank.(Risk Management)
December 1, 2004... * The legal principles behind delegation for directors and officers * What went wrong at the National Australia Bank? * The accountability of management and the Company Secretary Delegations of authority from the board to management...

Choice of funds legislation: what it means for trustees and employers.(Australia. Superannuation Legislation Amendment Act (No. 4) 1999 (Draft), Australia. Superannuation Guarantee (Administration) Act 1992, Australia. Superannuation Industry (Supervision) Consequential Amendment Act 1993, Australia. Workplace Relations Act 1996, ustralia. Employee Relations Act 1992)
December 1, 2004... * The requirements for confirming a choice of fund * The provision of a standard choice form * Exceptions to the requirements The purpose of the Superannuation Legislation Amendment (Choice of Superannuation Funds) Act 2004 (the...

An update on employment taxes and salary packaging.(Taxation Law)
December 1, 2004... * Changes brought in by the 2004 Federal Budget * Analyse the tax risks your organisation faces and any controls already in place to manage these risks * Examine if the controls are adequate and what can be done to close any gaps ...