May 2018
This month we are pleased to introduce a new feature for Credit Matters, “The Anatomy of a Recession”. This feature is designed to assist business people understand the features of a recession and how they may prepare to protect themselves if a recession occurs. You can obtain a copy of the feature by contacting kim@creditmatters.com.au or visit www.creditmatters.com.au and access a copy via the website.
As a side issue, if you are a numbers person, it is sobering to realise that we have already passed the average 10-year deadline of when another recession may occur.
The attachments this month include The Bank Doctor's "Learnings from the Banking Royal Commission", RSM CFE Exam Review Courses in Australia - 2108, The Telephone Flyer from Credit Matters / Sales and Telesales Soluions and creditor(watch)'s new ApplyEasy product.
If you are interested in advertising with Credit Matters, please contact Kim and see what he can do for you. You will be surprised at the very reasonablly priced packages which can be arranged to promote your business.
‘I insist on a lot of time being spent, almost every day, to just sit and think. That is very uncommon in American business. I read and think. So I do more reading and thinking, and make less impulse decisions than most people in business.’
Warren Buffett
It is well known, that many business owners often work very hard in their business, and not on their business. This month’s quote from Warren Buffet is a timely reminder that we all need to spend time re-evaluating our business.
Working on your business requires quiet time away from normal daily work duties and should include reading on the different aspects of operating a business.
It appears to me that many business people do not often take the time to reflect on the way their business operates, on their business’s financial figures or what is happening in the world around them.
Following is a very brief review of a number of aspects which may be of interest if you were to actually take the time and just reflect on your business’s affairs.
1 An unpaid invoice is both an ongoing liability and your money in your customer’s bank account.
2 An unprocessed credit claim/deduction is your customer’s excuse not to pay you. In addition, every credit claim/deduction costs money so it makes good sense to eliminate the causes of credit claims/deductions.
3 You reconcile your bank account to protect your business’s cash. Reconciling your accounts payables and receivables protects your cash, plus saves money.
4 There are no friends in business. In fact, family and friends are your most dangerous customers. If you want to keep friends and family and do business with them, insist on cash up front.
5 Fraudsters are often better at stealing business assets than you are protecting them. Fraudsters can exist externally and internally due to technology, which is one of their best tools.
6 Risk is a natural part of the business landscape, so you ignore it at your risk.
7 A business without cash is not a business. Try operating a business without it!
8 Beware of people who say cash is lazy. These people usually want it for themselves or operate to an out-of-date ideological mandate. Cash is never lazy, it is always a sleeping asset waiting for the right opportunity to add value to your business.
9 Nothing destroys value quicker than a technology wall between you and your customers or suppliers. Technology walls hinder timely and effective communication between your business and its stakeholders.
10 If you are afraid of your customers, you do not own your business. It is important therefore that you understand that you have a right to operate your business your way, providing it is legal of course. In addition, you are always within your rights to question and refuse to adhere to unfair or unreasonable demands from your customers.
These and other issues are important factors in helping you survive and grow your business. The issues which confront us all in business can easily be forgotten in the hurly-burly of running a business.
If it is good enough for Warren Buffet to take time to read and reflect about how to make his business better, it stands to reason, you will also gain value by taking the time to read and reflect on your own business affairs.
In business we like to accumulate every customer possible. Sometimes however, this policy costs money, especially when selling on credit.
There are many reasons why customers may not be profitable. There can be strategic reasons why you might keep an unprofitable customer if you can PROVE they add value to your business in another way.
Of course, you should still try to keep every possible customer, even if you only break even. Alternatively, you may have to change how you do business and use a different sales strategy.
If the customer will still not cooperate, it can be to your advantage to introduce them to your best competitor. After all, if they cause a loss for your business, they will almost certainly cause a loss to your competitor.
Business is full of conundrums such as whether you should keep an unprofitable customer or encourage them to leave for your competitor. It is your responsibility to work out what is best.
Shotgun marketing is often not a profitable exercise, and neither are shotgun accounts receivable emails.
One of the greatest problems of the modern technology age is the persistent flow of spam and unwanted marketing emails. If you are like the average business person, these emails are sent straight to the junk mail folder. Therefore, even if you are genuine business person trying to reach a new customer, you have probably lost any credibility with that potential customer.
For a different reason, repeated emails for outstanding invoices which are sent out in a shotgun approach to encourage the customer pay, also often go unanswered, or just sent to the junk mail folder.
Sending out endless emails for outstanding invoice(s) because it is considered to be the cheapest option, is often a similarly fruitless and unprofitable exercise.
Increasingly, whether it is for unanswered sales or accounts receivable requirements, at some stage of the exercise, the personal approach is usually required. Email marketing and accounts receivable contacts can be valid however, if used in the right context. At the end of the day, as more and more frauds are initiated by email, the supplier will realise, it is the judicial use of email combined with the personal contact, which brings the best results.
Shotgun marketing is often not a profitable exercise, and neither are shotgun accounts receivable emails.
One of the greatest problems of the modern technology age is the persistent flow of spam and unwanted marketing emails. If you are like the average business person, these emails are sent straight to the junk mail folder. Therefore, even if you are genuine business person trying to reach a new customer, you have probably lost any credibility with that potential customer.
For a different reason, repeated emails for outstanding invoices which are sent out in a shotgun approach to encourage the customer pay, also often go unanswered, or just sent to the junk mail folder.
Sending out endless emails for outstanding invoice(s) because it is considered to be the cheapest option, is often a similarly fruitless and unprofitable exercise.
Increasingly, whether it is for unanswered sales or accounts receivable requirements, at some stage of the exercise, the personal approach is usually required. Email marketing and accounts receivable contacts can be valid however, if used in the right context. At the end of the day, as more and more frauds are initiated by email, the supplier will realise, it is the judicial use of email combined with the personal contact, which brings the best results.
Is the spelling forego or forgo?
This is actually a trick question. Like the words to, too and two, forego and forgo are known as homonyms. Two or more words that sound same, that are spelt the same or differently, but have different meanings.
Forgo has the meaning to go without and forego has the meaning to precede. A couple of tips to help remember when to use which spelling are: forgo has no e, so goes without, forgo starts with the same letters as does forget, whereas forego starts with the same letters as before.
Forego is listed as a secondary spelling variation of forgo. This would appear to be because so many people incorrectly use forego when they actually mean forgo, that the spelling becomes recognised as a secondary spelling variation.
The following sentences show the different usage. When dieting I will forgo dessert. Often soup will forego the main course.
Because forgo and forego are so similar, it’s a foregone conclusion people may confuse the two words.
19 April 2018
Banking Sector Newsletter - Issue 11
This fortnight, the Reserve Bank of Australia has warned that a combination of record low interest rates, accelerating asset prices and a growing appetite for risk, could unhinge financial markets. We hope you enjoy the eleventh edition of the Banking Sector Newsletter.
16 May 2018
Demetrios Christou (Partner) and Eva Lu (Lawyer) at Thomson Geer consider the recent developments from the Facebook and Cambridge Analytica revelations. What started as a simple personality quiz has resulted in Facebook being investigated by regulators around the world, including our own, and has landed Mark Zuckerberg, its CEO, in front of the US Congress […]
26 April 2018
Will there be IP lawyers in the future or can clients rely on computers?
Much has been written about computational law and blockchain recently. In short, computational law has been described as systems that can make automatic legal reasoning which can determine the outcome of a case. We have written about blockchain in our blog here http://www.tglaw.com.au/ip-blog/2018/03/01/unravelling-blockchain-guide-blockchain-ip/. We would all be burying our heads in the sand if we ignored
14 May 2018
Matter Technology Limited v Mrakas [2018] NSWSC 507 A recent decision offers a timely reminder of the importance of having written employment agreements that set out who owns the IP in technology companies. Any update required can be rolled up into the next performance review. In this case the business of the technology company, Matter
As simple as this sounds, sometimes it can be quite challenging. Job descriptions need to be alluring enough to be able to lure potential candidates to you and with these three simple tips, you’ll be able to do just that.
1. Revise
Spending a little time just revising and re-wording job descriptions can be extremely advantageous as sometimes with competing recruiters, potential candidates can see identical job positions under a different company’s name and it could create confusion and a lack of authenticity. The right wording can also relate to the job seeker and as such get them to apply for the job.
2. Lead with Skills
While it may be standard practice to pitch a job description starting with company information, it can also help to lead with skills required. With this strategy, it will ultimately separate and cut down the number of unsubstantiated job applications you receive…making your job a whole lot easier!
3. Outline what you don’t want
By drawing on the things you don’t want in candidates rather than what you do can sometimes eliminate an excess of resumes coming though on an application. This ultimately can cut down on resume screening time and gives you more time to focus on other important things like interviewing.
We’re here to help! Call Trace Personnel on 9281 5466
We’re here to help! Contact Trace Personnel on 9218 5466 for all your recruiting needs!
Updates courtesy of www.asic.gov.au
01 May 2018
18-122MR ASIC takes action on misleading or deceptive conduct in ICOs
ASIC is focused on misleading or deceptive conduct in the marketing and selling of digital or virtual tokens via initial coin offerings (ICOs). These offers can involve significant risks for investors that are often not disclosed or well understood.
03 May 2018
18-127MR ASIC reviews accountant compliance with changes to SMSF advice licensing
ASIC has completed a review designed to identify unlicensed accountants recommending clients set up self-managed superannuation funds (unlicensed SMSF advice). The review found no systemic concerns around the provision of unlicensed SMSF advice but did identify significant levels of inaccurate and out of date information on websites and in promotional material of accountants reviewed.
Since 1 July 2016, accountants need to be covered by an Australian financial services (AFS) licence in order to recommend that their client set up an SMSF.
08 May 2018
18-133MR ASIC restricts Big Un Limited from issuing a reduced content prospectus
ASIC has restricted Big Un Limited (Big Un) from eligibility to issue a reduced-content prospectus until 2 May 2019.
The decision means Big Un will not be able to rely on reduced-disclosure rules and instead must issue a full prospectus if it wishes to raise funds from retail investors.
ASIC's decision was based on Big Un’s failure to lodge a financial report, directors’ report and auditor’s report for the half-year of the company, ended 31 December 2017, within 75 days, as required by the Corporations Act 2001.
14 May 2018
18-136MR IT consultant charged with gaining unauthorised access to data and insider trading
IT consultant Steven Oakes, of Sydney, New South Wales, has been charged with a total of 115 offences for unauthorised access to data held in a computer, insider trading, and destroying or concealing books required by ASIC. The filing hearing for Mr Oakes’ charges was listed at the Melbourne Magistrates’ Court on 14 May 2018.
19 May 2018
ASIC statement on AMP 'fees for no service'
•ASIC is and has been investigating AMP's conduct in relation to 'fees for no service' (FFNS) as raised in the evidence given at the Royal Commission.
•This investigation has involved the FFNS conduct and related false or misleading statements to ASIC. ASIC has, as part of its investigation, received many thousands of documents and undertaken 18 examinations of AMP staff. ASIC is also ensuring that compensation is paid to impacted AMP clients.
•ASIC has been cooperating with the Royal Commission on a range of matters that include both current and previous investigations.
•More broadly, all financial institutions need to understand the importance of co-operating with the regulator and complying with the law when providing information to ASIC. Making false or misleading statements to ASIC can result in civil and criminal sanctions.
•In accordance with our general policy on public comment we will not make further public statements about our investigation of these matters at this time.
16 May 2018
The Federal Court of Australia today ordered a $2 million penalty against Thorn Australia Pty Ltd's (Thorn’s) Radio Rentals for contravening its responsible lending obligations.
In handing down the penalty, the Court found that Thorn failed to make the necessary inquiries and take steps to verify the financial situation of its customers, and failed to conduct a proper assessment of the suitability of the leases it provided.
The court will publish its written judgment in due course
17 May 2018
18-143MR Melbourne man permanently banned for dishonest insurance sales
ASIC has permanently banned Mr Samuel Trubnik Tessa (also known as Simon Trubnik) of Elwood, Victoria from providing financial services and engaging in credit activities.
Mr Tessa was banned following an ASIC investigation into his dealings with individuals and small businesses in the Melbourne automotive repair industry during the period 1 May 2013 to 31 December 2016. It is alleged that Mr Tessa purported to act as an insurance broker and dishonestly obtained money on multiple occasions from individuals or small businesses on the pretense that payments were required for insurance premiums.
19 May 2018
The Government has introduced new laws that change the way ASIC is funded. Under the new arrangements, regulated entities will receive an invoice for ASIC’s regulatory services delivered in the prior year.
Download the factsheet (PDF 357KB)
Would you like to be updated whenever ASIC publishes new material on industry funding?
19 May 2018
Illegal phoenix activity involves creating a new company to continue the business of an existing company that is deliberately liquidated to avoid paying taxes, creditors and employee entitlements.
11 April 2018
New Australian laws to regulate cryptocurrency providers
New laws for digital currency exchange (DCE) providers operating in Australia have just been implemented by AUSTRAC, Australia’s financial intelligence agency and anti-money laundering and counter-terrorism financing (AML/CTF) regulator.
The new AML/CTF laws cover for the first time regulation of service providers of cryptocurrencies, including bitcoin
12 April 2018
Use of digital currency and remittance registration status
The registration by AUSTRAC of a digital currency exchange or remittance service provider does not constitute an endorsement of that business or compliance with any anti-money laundering and counter-terrorism financing (AML/CTF) obligations.
Digital currency exchanges have been required to apply for registration from 3 April 2018 and remittance providers are already required to be registered.
Businesses must not use their registration status in any way that suggests AUSTRAC or the Commonwealth Government endorses you or any of your services or products. Words including 'endorsed', 'approved' or 'licensed' are examples of inappropriate wording
19 May 2018
Protected Disclosure Coordinator forum: Melbourne, 23 May 2018
Protected Disclosure Coordinator forum: Melbourne, 23 May 2018
Melbourne
Protected Disclosure Coordinators are invited to attend a one-day practitioner forum to be held on 23 May 2018 in Melbourne.
Protected Disclosure Coordinators play a vital role in supporting and protecting potential whistleblowers to speak out about wrongdoing in the public service. Employed by public sector agencies, Protected Disclosure Coordinators are nominated to receive and notify IBAC of potential protected disclosures.
View the program
The Protected Disclosure Coordinator Forum 2018 will include representatives from IBAC, and local and state government agencies. A range of speakers will present on the day, including IBAC’s Commissioner The Honourable Robert Redlich QC, and Cheryl Batagol PSM, Chairperson, Environment Protection Authority Victoria.
This event is exclusively designed for Protected Disclosure Coordinators and others responsible for supporting protected disclosures in the Victorian public sector (including state government departments, agencies and local councils).
Registration for this event has closed.
For more information, contact our team at engage@ibac.vic.gov.au.
10 April 2018
Perceptions of corruption - Survey of the Victorian community
The Victorian community expects the public sector to operate fairly and honestly, free from misconduct and corruption. The community also expects public sector employees to conduct themselves with integrity and professionalism when using public funds and resources to deliver goods and services to Victorians.
This report provides the responses of the Victorian community about their understanding of corruption, their perceptions of corruption and misconduct, attitudes to reporting corruption and misconduct, and attitudes towards preventing corruption.
17 May 2018
IBAC charges former Victoria Police Detective Senior Constable
Victoria's independent police oversight body, the Independent Broad-based Anti-corruption Commission (IBAC) has today charged a former Victoria Police Detective Senior Constable with four counts of unauthorised access, use or disclosure of police information.
The charges, which are the result of an investigation by IBAC, relate to allegations of police personnel misconduct in 2017.
Court proceedings are scheduled to commence at the Melbourne Magistrates’ Court on 3 July 2018.
IBAC can make no further comment on the matter as it is now before the Courts.
To report public sector corruption or police misconduct now, visit ibac.vic.gov.au or call 1300 735 135.
17 May 2018
IBAC charges Victoria Police Sergeant
Victoria's independent police oversight body, the Independent Broad-based Anti-corruption Commission (IBAC) has today charged a Victoria Police Sergeant with a number of offences, including four counts of disclosing restricted matters, one count of making a statement which is false or misleading, and one count of perjury.
The charges, which are the result of an ‘own motion’ investigation by IBAC, relate to allegations of police personnel misconduct.
Court proceedings are scheduled to commence at the Melbourne Magistrates’ Court on 1 June 2018.
IBAC can make no further comment on the matter as it is now before the Courts.
To report public sector corruption or police misconduct now, visit ibac.vic.gov.au or call 1300 735 135.
27 April 2018
Franchising: what you need to know
This is a quick guide to help franchisees and prospective franchisees understand some of their rights and responsibilities under the Franchising Code of Conduct.
30 April 2018
The ACCC has analysed the performance of the dairy industry and the structural and behavioural features which contribute to this performance.
The dominant picture that has emerged is one of significant imbalances in bargaining power at each level of the dairy supply chain. This begins with the relationships between retailers and dairy processors, and progresses down to the relationship between processors and farmers.
10 May 2018
Telstra's structural separation undertaking 2016-17
This report outlines breaches of the SSU for the period 1 July 2016 to 30 June 2017. The ACCC has prepared this report based on whether in its view, on the balance of probabilities, a breach of the SSU occurred.
The ACCC has made its findings after considering information provided by Telstra and making its own enquiries into the matter.
03 May 2018
Digital platforms inquiry submissions published
The ACCC has today published 57 submissions received from advertisers, consumers, digital platforms, journalists and media organisations as part of its digital platforms inquiry.
The submissions canvassed a wide range of issues, including the degree of market power held by the digital platforms, the digital advertising supply chain, and the use of news content by digital platforms, including Google and Facebook.
Submissions also detailed the impact of digital platforms on the quality and choice of news in Australia, and the extent to which consumers are aware of how their data is collected and used.
03 May 2018
HP to compensate printer customers
Customers of HP PPS Australia Pty Ltd (HP) who bought certain models of HP printers without being informed non-HP ink cartridges may not work in them could be eligible for compensation, the ACCC announced today.
HP has given the ACCC a court-enforceable undertaking to compensate customers who were unable to use non-HP ink cartridges due to an undisclosed technology in their printers.
The technology, known as “Dynamic Security Feature” (DSF), was designed to prevent non-HP ink cartridges from being used in these HP printers.
17 May 2018
ACCC concerned about Transurban's interest in WestConnex
The ACCC has today raised preliminary competition concerns about Sydney Transport Partners’ proposed acquisition of a majority interest in the WestConnex project. Sydney Transport Partners is a consortium led by Transurban (ASX: TCL).
The ACCC has today published a statement of issues, outlining preliminary views on the likely impact of the proposed acquisition.
Transurban controls 15 of 19 toll road concessions in Australia, and seven of the nine existing concessions in New South Wales.
“WestConnex is a very significant toll road asset, and as such represents an opportunity to establish a strong rival toll road operator,” ACCC Chairman Rod Sims 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.