http://www.cch.com.au/au/News/ShowNews.aspx?PageTitle=AGL-penalised-$1.5m&ID=39850&Type=S&TopicIDNews=7&CategoryIDNews=0Wednesday, 22 May 2013, 11:48:00Wednesday, 22 May 2013, 11:48:00The Federal Court has penalised AGL $1.5m for door—to—door sales conduct that breached the Australian Consumer Law (ACL). The marketing company, CPM Australia Pty Ltd who were contracted to conduct the door—to—door selling on behalf of AGL were penalised $200,000. © 2013 CCH Australia Ltdhttp://www.cch.com.au/au/News/ShowNews.aspx?PageTitle=Independent-review-into-franchising&ID=39849&Type=S&TopicIDNews=7&CategoryIDNews=0Wednesday, 22 May 2013, 11:48:00Wednesday, 22 May 2013, 11:48:00A report detailing the independent review into the franchising sector in Australia has been released. © 2013 CCH Australia Ltdhttp://www.cch.com.au/au/News/ShowNews.aspx?PageTitle=Companies-be-warned--you'll-need-to-list-lease-liabilities-on-your-balance-sheet&ID=39840&Type=S&TopicIDNews=7&CategoryIDNews=0Tuesday, 21 May 2013, 10:59:00Tuesday, 21 May 2013, 10:59:00The International Accounting Standards Board (IASB) has issued new rules that favours investors so that they can have a clearer picture of corporate debt. This will affect such industries as airlines, retailers and transport companies which will be forced to list extra liabilities on their balance sheets. For the first time, operating leases will be recognised as a liability. © 2013 CCH Australia Ltdhttp://www.cch.com.au/au/News/ShowNews.aspx?PageTitle=Foxtel-gives-undertaking-to-ACCC&ID=39832&Type=S&TopicIDNews=7&CategoryIDNews=0Monday, 20 May 2013, 10:57:00Monday, 20 May 2013, 10:57:00The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Foxtel in relation to a "Free TV" which may have breached the Australian Consumer Law. © 2013 CCH Australia Ltdhttp://www.cch.com.au/au/News/ShowNews.aspx?PageTitle=Country-of-Origin-Bill-before-parliament&ID=39831&Type=S&TopicIDNews=7&CategoryIDNews=0Monday, 20 May 2013, 10:57:00Monday, 20 May 2013, 10:57:00The Competition and Consumer Amendment (Australian Country of Origin Food Labelling) Bill 2013 has had its second reading in parliament. © 2013 CCH Australia Ltdhttp://www.cch.com.au/au/News/ShowNews.aspx?PageTitle=Recent-New-Zealand-High-Court-PPSA-case&ID=39830&Type=S&TopicIDNews=7&CategoryIDNews=0Monday, 20 May 2013, 10:56:00Monday, 20 May 2013, 10:56:00In Haar v Eastland Tyres Limited [2013] NZHC 692 (9 April 2013) the guarantor, Mr Sharp, appealed against a decision of the District Court that the creditor was "under no express or implied duty to register an existing security or to take additional securities for the ultimate benefit of the appellant in his capacity as guarantor" (at [4]). © 2013 CCH Australia Ltdhttp://www.cch.com.au/au/News/ShowNews.aspx?PageTitle=Prior-dealings--does-the-term-need-to-be-incorporated-in-previous-contracts-&ID=39822&Type=S&TopicIDNews=7&CategoryIDNews=0Friday, 17 May 2013, 11:09:00Friday, 17 May 2013, 11:09:00A term can be incorporated into a contract based on a prior course of dealings, without it being essential that the relevant term must have been incorporated in a previous contract between the parties, whether by a contractual document or otherwise. This was unanimously held by the Western Australian Court of Appeal in La Rosa v Nudrill Pty Ltd (2013) Aust Contract Reports ¶90—383; [2013] WASCA 18 at [43] per McLure P (with Murphy JA agreeing), and [71] per Buss JA. © 2013 CCH Australia Ltdhttp://www.cch.com.au/au/News/ShowNews.aspx?PageTitle=What-does--profit-available-for-dividend-purposes--mean-&ID=39821&Type=S&TopicIDNews=7&CategoryIDNews=0Friday, 17 May 2013, 11:08:00Friday, 17 May 2013, 11:08:00The rights of a shareholder to receive fixed dividends from the profit of the company available for dividend purposes were recently considered by the Supreme Court of New South Wales in Sumiseki Materials Co Ltd v Wambo Coal Pty Ltd [2013] NSWSC 235. © 2013 CCH Australia Ltdhttp://www.cch.com.au/au/News/ShowNews.aspx?PageTitle=Recovery-of-compensation-payment&ID=39816&Type=S&TopicIDNews=7&CategoryIDNews=0Thursday, 16 May 2013, 10:11:00Thursday, 16 May 2013, 10:11:00It was not intended that an insurer only indemnified the insured where a claim was brought at common law and not via the workers' compensation scheme, as this would have left the insured exposed in a way which would have been untenable. © 2013 CCH Australia Ltdhttp://www.cch.com.au/au/News/ShowNews.aspx?PageTitle=Ambiguous-policy&ID=39815&Type=S&TopicIDNews=7&CategoryIDNews=0Thursday, 16 May 2013, 10:11:00Thursday, 16 May 2013, 10:11:00If there is any misunderstanding or uncertainty, whether by the insurer or the insured, as to the operation of an ambiguous policy which could only have been due to its drafting, that must be laid at the feet of the insurer, whether it caused the insurer to misunderstand its own policy or the insured not to understand, and therefore be slow to assert, his or her rights. © 2013 CCH Australia Ltd