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The active use of enforceable undertakings by ASIC--Part 1.(NEWS AND VIEWS)(ustralian Securities and Investments Commission)
June 1, 2007... ASIC has accepted enforceable undertakings in order to settle court proceedings. In November 2001, ASIC started proceedings against the trustee of the TWU Superannuation Fund. ASIC alleged that the trustee had engaged in misleading conduct in...
Shareholder activism: is it here to stay?(Key Issues: COMPANY SECRETARY)
June 1, 2007... * The impact of activism is fundamental to the fiduciary responsibilities of most institutional investors
* Shareholder activism can increase share value
* The rise of specialist engagement funds to help underperforming companies
...
Franchising code of conduct review.(Professional Updates: COMPETITION LAW)
June 1, 2007... * Franchisors must now provide financial information of any consolidated entity to which they belong
* Directors of franchisors will be required to disclose certain proceedings, judgments or awards
* The government did not agree with...
Telemarketing laws.(Professional Updates: CONSUMER LAW)(Do Not Call Register Act 2006)
June 1, 2007... * Be aware of the implications of the Do Not Call Register for businesses that use phone marketing techniques
* Understand the legislative components of the scheme
* Looking ahead to compliance costs
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Legislation to...
Vines: How much care and diligence is required by executive officers?(Professional Updates: CORPORATE LAW)
June 1, 2007... * Breach of duty by a non-director executive officer
* Significant pressure and workload cannot be seen as an excuse or mitigating factor
* Increased focus on the role of middle management
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On 4 April 2007, the New...
Creating effective AGMs.(annual general meeting)
June 1, 2007... In the bygone era, the annual general meeting (AGM) was the shareholders' primary opportunity to learn about the progress of the company in which their faith and dollar was invested.
From the shareholder's perspective the AGM was an...
Financing the private equity boom.(NEWS AND VIEWS)
June 1, 2007... The private equity boom has had a range of impacts on the leveraged financing of acquisitions in Australia.
The past year has seen a record number of private equity transactions--they are highly complex, innovative and ground breaking for...
Are you suspicious about a workers compensation claim?(Professional Updates: MANAGEMENT)
June 1, 2007... * Employers need a thorough knowledge of their state's workers compensation protocols
* Understand the process of lodgment and assessment in a claim
* The steps for investigating a claim
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As an employer have you ever...
Shareholder class actions: are you vulnerable?(Key Issues: RISK MANAGEMENT)
June 1, 2007... I might start by answering the question inherent in the title of this article. But I cannot answer as to whether you or your company are vulnerable to a class action without knowing whether your company is involved in the type of serious...
Taxation aspects of mergers and acquisitions.(Professional Updates: TAXATION LAW)
June 1, 2007... * Key tax considerations--income tax, CGT, GST and stamp duty--are important for both vendors and purchasers in M&A deals.
* Managing and balancing both parties' needs can lead to a good outcome
* It can be useful to understand the ins...