August 2022
Due to ongoing work with our clients, our next feature has been delayed. Hopefully it will be available shortly.
One of the benefits provided by our newsletters is that we provide updates to various organisations which provide valuable information for the business community and consumers. Too often in hurley burley of business, we forget to check these organisations, e.g., ASIC, ACCC, AUSTRAC etc. Yet, these organisations, and others, provide valuable information to find out if our businesses are operating correctly within legislation and / or to find out about various individuals or organisations that have acted illegally or unethically.
May I suggest a visit to these organisations occasionally may be of value to your business and helpful in avoiding any damaging and costly problems. After all, we can only include a small number of listings and you may miss other valuable information fot you and your businesses.
The attachment with this newsletter is from Enable Workplace Consulting advertising their upcoming online training Crisis Response in the Workplace.
Kim is available to help with your questions and concerns if you need any assistance, and as always, the first chat is always free of charge or obligation.
“It is unfortunate that in most cases when the sins of the father fall on the son it is because unlike God, people refuse to forgive and forget and heap past wrongs upon innocent generations. E.A. Bucchianeri, Brushstrokes of a Gadfly,
When a business changes its name, it generally does so for one of two reasons. The first is due to a change of business direction and/or focus. In this situation, the name change is a valid reason and usually well accepted.
The second reason for a name change is because its previous name has been damaged beyond repair due to illegal or unethical behaviour by its management and employees. As a result, the business has attracted unwanted and adverse attention which just does not go away. Changing the name of the business is deemed therefore one way forward to avoid the negative stigma associated with the previous bad name.
There are times when this strategy works and other times when it doesn’t especially when the business is ASX listed, or where the business name was badly damaged by the former management and employees. In these situations, stakeholders such as investors, suppliers and potential customers etc. refuse to “forget” the damage caused to their businesses.
Another reason why a name change should be a warning to future stakeholders, concerns the likely future financial status and behaviour of the business and its employees. It may be that these factors have changed, however change rarely occurs quickly in any organisation once it is entrenched. On the other hand, with a proactive and new management which have positive reputations, perhaps the situation has changed noticeably for the better.
If nothing seems to have changed substantially from the previous poor behaviour, care needs to be taken when deciding to continue trading with this business. After all, you do not want to continue to be disadvantaged by a dysfunctional business which shows no change of moving forward to correct its previous bad behaviour.
On the other hand, it may be there have been demonstrative efforts to change initiated by the new management team which has made the business more financially viable. It may therefore impact negatively on your own business if you do not also change your previous poor perceptions of that business and investigate whether it is time to trade with them again.
When a business changes its name, it generally does so for one of two reasons. The first can be due to a change of business direction and/or focus. The second may be to try and escape a history of bad behaviour which damaged the business’s former name and the business irreversibly. In either case, it is important to correctly evaluate the state of the current business after its change of name. Failure to do so properly, may result in continued poor performance and costs to your own business, or an opportunity is lost to increased benefits by trading with them.
One of the ongoing issues which management can be faced with, is whether to stay within a previously defined business model or to expand. The truth is that whichever decision is made, there will be consequences, both good and others less so. There will also be times when a level of conservatism is warranted and other times, a failure to take an opportunity will impact negatively on the future viability of your business.
When in tough times, such as is the current state of affairs, positive business opportunities will still occur periodically. As part of any decision-making process on whether to take up these options, business owners and management must carefully evaluate how to proceed.
There are so many issues to consider these days, including the following.
There are many reasons to consider when an opportunity arises because one of the quickest ways for your business to become insolvent is to expand too quickly. On the other hand, if you truly understand and can afford to expand based on a realistic and common sense basis, not expanding my also result in a lost opportunity to create a more viable and substantial business.
The most important thing to understand about business is that it is not just a financial contract between two parties, it is also a social contract. It is those businesses which fail to understand the social contract factor which suffer the most negative issues in the long term.
The fact that a social contract exists in the business world is reflected by the emphasis in networking, building relationships and having the right type of employees which understand how to sell to customers. This selling aspect also applies when following up for payment of unpaid invoices or if debt collection is required.
This factor sounds strange to management and business professionals who have not worked in these roles previously. As a consequence, they often dictate how employees should operate as a result. The reality is that if the customer (who is usually just thought of as a debtor) doesn’t like your business, or have any other issues with your business, they just don’t pay as quickly as management would like.
How quickly the customers pay and how much, is usually dictated by the relationship which exists between your accounts or debt collection employee and the other party. In reality, the same principle applies in the same way as it does when you are trying to sell your business’s products and services. It is all about the relationship.
Relationships are not always built on management’s perspectives and directions of five or ten minute time blocks when dealing with customers. There are times when it can take an occasional 15, 30 or 60 minutes to create a good interactive relationship and a positive rapport between your employee and customer. This understanding is particularly important in tough times, such as currently when customers may have negative pressures acting against them. Often these situations which are stressful, it takes a bit of extra time for the customer to open up and articulate all their concerns. It is only when your employee understands all the factors, can they act reasonably and responsibly for the benefit of both parties.
At the end of the day, management and business professionals need to understand that the social contract is just as important as the financial contract in all business transactions. The social side of business is recognised when selling a product, but not always understood or respected when follow up is required for the money.
The failure to understand the social contract in accounts and debt collection, often means the efforts to sell the product or service in the first place are wasted when your employee and customer do not have a positive social connection. It also goes without saying, a sale is not a sale until the money involved in unpaid invoices or in the outstanding debt are repaid and in your business’s bank account.
A new definition of ESG – external stakeholders are gullible - AFR’s Rear Window by Joe Aston & Myriam Robin 24/2/2022.
Too often we see and hear about how a business which is brought by another, or is granted finance by creditors or finance providers, fails to meet expectations and/or becomes insolvent. The truth is often found in hindsight that the set of accounts which were relied upon were based on a false narrative or intended to present a more favourable picture on the financial health of the business.
For all those in business, our updated feature Buying or Taking Over Another Business is a good place to start when understanding many of the issues involved when buying or taking over another business. It can also be a useful reminder for business and financial providers that not all sets of accounts present a true picture on the financial health of their potential customer. You can purchase our feature until the end of September, for a special price of $5.00.
Updates courtesy of www.asic.gov.au
27 July 2022
22-192MR Alleged shadow director sentenced to six-month good behaviour bond
Paul Annesley of Bulla, Victoria, has been sentenced without conviction to a six-month good behaviour bond after pleading guilty to failing to answer questions during a liquidator’s public examination.
Mr Annesley was summonsed to appear at the Supreme Court of Victoria on 24 February 2017 to take part in a public examination conducted by Jason Stone and Glen Franklin of PKF Australia, liquidators appointed to Fleurie Pty Ltd (in liquidation).
The liquidators believed Mr Annesley was a shadow director of Fleurie and sought to examine him about his involvement in, and knowledge of, the affairs of the company. However, during the public examination, Mr Annesley refused to answer questions about Fleurie, despite being warned by the Judicial Registrar that he was legally required to.
Mr Annesley pleaded guilty in the County Court of Victoria on 14 June 2022. In sentencing, the judge took into account Mr Annesley’s personal circumstances at the time and the fact that he had no prior criminal history.
01 August 2022
ASIC has made an interim stop order preventing Fawkner Property Ltd (Fawkner) from issuing or transferring interests in Private Property Trust No. 20 (marketed as Essential Services Trust No. 20) (the Fund), because of misleading or deceptive statements in the Fund’s marketing and disclosure. Fawkner is the responsible entity of the Fund.
The order stops Fawkner from offering, issuing, selling or transferring interests in the Fund based on existing product disclosure statements (PDS). The order is valid for 21 days unless revoked earlier.
ASIC considers that Fawkner misrepresented the performance risks of the fund in its marketing by:
not adequately explaining how forecasted returns were calculated;
not providing adequate warnings that the forecasted performance may not be achieved;
using the term ‘Covid-proof’;
inappropriately comparing the Fund to lower risk investments, benchmarks and indices; and
using outdated performance numbers.
ASIC identified the misleading or deceptive statements in advertisements for the Fund, including Fawkner’s website, and the PDS during a recent surveillance.
05 August 2022
22-209MR ASIC prosecutes 73 individuals for failing to assist registered liquidators
ASIC has successfully prosecuted 73 people in the period from 1 January 2022 to 30 June 2022 for failing to assist registered liquidators in their investigations.
ASIC took action against company officers and other related individuals who failed to provide registered liquidators with access to company books and to submit a report on company activities and property (ROCAP).
ASIC Commissioner Sean Hughes said, ‘In the six months to 30 June 2022, ASIC secured over $340,000 in fines and costs against those who failed in their obligations to assist liquidators.
‘Helping liquidators by providing company books and ROCAPs in a timely manner is a fundamental obligation of directors and important in helping liquidators realise the best possible outcomes for creditors. Where company officers and other individuals fail to meet this obligation, ASIC will take action to ensure liquidators are empowered to complete their work. Those who fail to help liquidators risk strict financial penalties,’ concluded Commissioner Hughes.
15 August 2022
22-221MR WA director charged with fraudulently removing company property
avid Michael Scofield, of Applecross, Western Australia, has been charged with the fraudulent removal of company property by a company officer.
Mr Scofield, who went by the name ‘Demo Dave’, was the director of demolition and asbestos removal company Rhino (WA) Pty Ltd (ACN 105 829 516), which was wound up on 12 February 2020.
ASIC alleges that on 10 March 2020, Mr Scofield deposited a cheque totalling $32,423.60, which was owed and payable to Rhino (WA), into the account of Action Asbestos & Demolition Pty Ltd (ACN 639 633 926), of which he was also a director.
The matter was mentioned on 5 August 2022 in the Magistrates Court of Western Australia and has been adjourned for further mention on 26 August 2022.
The matter is being prosecuted by the Commonwealth Director of Public Prosecutions.
20 July 2022
Joint IBAC and VO report highlights widespread misuse of public resources for political purposes
The Independent Broad-based Anti-corruption Commission (IBAC) and the Victorian Ombudsman (VO) have tabled a special report in Parliament today on Operation Watts, a joint investigation into allegations of serious corrupt conduct involving Victorian public officers, including Members of Parliament (MPs).
The joint investigation examined a range of matters including allegations of misuse of electorate offices, ministerial office staff and resources for branch stacking and other party-related activities.
The report illustrates a catalogue of unethical and inappropriate behaviour ranging from the hiring of unqualified people into publicly funded roles, using those roles to support factional work, nepotism, forging signatures, bullying and attempts to interfere with the government grants process.
01 August 2022
Former Melton mayor and his father sentenced following IBAC investigation
Former Melton mayor and Labor candidate Justin Mammarella and his father Umberto ‘Robert’ Mammarella, a former electorate officer, have been sentenced following the Independent Broad-based Anti-Corruption Commission’s (IBAC) investigation Operation Naxos.
IBAC's Operation Naxos investigated allegations of fraudulent practices within the electorate office of former member of the Victorian Parliament Khalil Eideh. The allegations related to the misuse of taxpayer funded resources to assist Justin Mammarella’s preselection campaign for the 2018 state election through branch stacking.
In 2018, Justin Mammarella and Robert Mammarella conspired to give false evidence to IBAC regarding the use of stationery within the Cairnlea electorate office.
12 August 2022
Google LLC to pay $60 million for misleading representations
The Federal Court has ordered Google LLC to pay $60 million in penalties for making misleading representations to consumers about the collection and use of their personal location data on Android phones between January 2017 and December 2018, following court action by the ACCC.
The Court previously found that Google LLC and Google Australia Pty Ltd (together, Google) had breached the Australian Consumer Law by representing to some Android users that the setting titled “Location History” was the only Google account setting that affected whether Google collected, kept and used personally identifiable data about their location.
In fact, another Google account setting titled “Web & App Activity” also enabled Google to collect, store and use personally identifiable location data when it was turned on, and that setting was turned on by default.
16 August 2022
ACCC to examine competition and consumer concerns with social media
he ACCC’s Digital Platforms Services Inquiry will examine the state of competition for social media services in Australia as part of the sixth interim report of the ACCC’s five-year Digital Platform Services Inquiry.
The ACCC will also consider potential consumer issues, including the way that businesses are using social media advertising services such as display advertising, sponsored posts and paid influencers to engage with and advertise to consumers.
The sixth interim report will build on and update the extensive analysis of competition in the social media services sector, published in the ACCC’s 2019 Digital Platforms Inquiry.
Businesses, consumers and other stakeholders are encouraged to respond to an issues paper released today, which will inform the sixth interim report.
The ACCC will examine competition issues involving social media services, including barriers to entry and expansion faced by new platforms, and hurdles and costs faced by consumers and businesses when they try to switch services.
The ACCC will also consider consumers’ experiences with social media, including through the impact of scams and the risk of being exposed to misleading or deceptive content by businesses through social media.
18 August 2022
Smaller telcos continue to increase broadband market share
Smaller broadband providers increased their market share in the NBN wholesale market in the June quarter 2022, and a record number of telcos now have their networks connected to the NBN at all of the available physical locations, the ACCC’s latest NBN Wholesale Market Indicators Report reveals.
The report looks at the wholesale market for NBN services, particularly the residential broadband services that retailers buy from NBN to sell to consumers.
In the June quarter, smaller retail service providers continued the steady increase in their market share in the wholesale market at the expense of the top four providers, increasing by 0.8 percentage points (with 77,758 additional services) to 12.6 per cent. In the June quarter 2021, their combined market share was 8.2 per cent.
This growth was led by Aussie Broadband, which increased its market share to 6.4 per cent (up 0.3 percentage points).
Wholesale market shares declined slightly for the established providers, Telstra (down 0.4 percentage points to 43.3 per cent), TPG (down 0.2 percentage points to 23.1 per cent), Optus (down 0.1 percentage points to 13.8 per cent), and Vocus which is the fourth-largest telco (down 0.1 percentage points to 7.2 per cent).
“The growth of smaller providers is increasing the competitive tension in broadband markets, and many Australians will see the benefit of that,” ACCC Commissioner Anna Brakey said.
Credit Matters is a financial risk management resource centre for the Australian business community. If you are in business, Credit Matters is your ideal source of financial risk management solutions.
Credit Matters is continuing to grow and provide marketing and knowledge about financial risks to the Australia business community.
Futhermore, we invite marketing and knowledge ideas from our readers and contributors on how we can assist our respective firms grow. If you have any ideas, please contact me at info@creditmatters.com.au.
If you are interested in finding new ways to reach your marketplace, why not try Credit Matters. Our prices for advertising are very reasonable and advertising packages are on offer to make any cost, even more affordable. So if you are interested in reaching your customers at the right price, please contact Kim at info@creditmatters.com.au for options.