A massive data breach suffered by US Credit reporting firm Equifax, affecting 143 million customers data, highlights the need for proper data security and privacy protections

September 8, 2017

Sometimes  the scale of data breaches reach such a point that it numbs the reader. Yahoo’s breach affected one billion accounts in 2013 and 145 million eBay accounts were affected in 2014. That the figures defy easy comprehension doesn’t Read the rest of this entry »

United Kingdom to criminalise re identifying anonymised personal information and give consumers greater rights on how their information is processed

August 10, 2017

The United Kingdom Government has announced  a major reform to its data security legislation.  The package of measures to be legislated Read the rest of this entry »

Re Bendigo Central Pharmacy Pty Ltd [2017] VSC 419 (21 July 2017): setting aside statutory demand, Graywinter affidavit, genuine dispute

July 26, 2017

The Supreme Court, per Randall AsJ, considered an application to set aside a statutory demand in Re Bendigo Central Pharmacy Pty Ltd [2017] VSC 419. The key issue was whether issues ultimately relied upon were raised in the Plaintiff’s initial affidavit, filed within 21 days of the statutory demand being served and the scope and operation of Graywinter affidavits.

FACTS

The debt relied upon in the statutory demand Read the rest of this entry »

Culve Engineering Pty Ltd v Apollo General Engineering (Aust) Pty Ltd (in liq) [2017] VSCA 182 (7 July 2017): power to make a substitution order, exercise of discretion, Rule 9.09 of the Civil Procedure Rules

July 23, 2017

The Victorian Court of Appeal in Culve Engineering Pty Ltd v Apollo General Engineering (Aust) Pty Ltd (in liq) [2017] VSCA 182 considered the scope and operation of Rules to permit a substitution order being made.

FACTS

The third applicant, Sandra Cerrato, was the executrix of the deceased estate of her father, Rocco Cerrato who . Mr Cerrato died on 14 August 2014 [1]. Prior to and in  2010 Mr Cerrato was a director of the first applicant, Culve Engineering Pty Ltd (‘Culve Engineering’), the second applicant, Tena Denham Nominees Pty Ltd (‘Tena Denham’), and the first respondent, Apollo General Engineering (Aust) Pty Ltd (in liquidation) (‘Apollo’) [2]. Ms Cerrato was joined as a defendant to this proceeding in her capacity as executrix in substitution for her father by an order made by an associate judge on 18 September 2015. She and the other applicants unsuccessfully appealed that decision to a judge in the Trial Division [3].

Prior to 21 April 2010 Apollo carried on Read the rest of this entry »

Australian Law Reform Commission releases long awaited report on elder abuse

June 15, 2017

The Australian Law Reform Commission has released a comprehensive report on Elder Abuse – A National Legal Response.  For legal practitioners the relevant recommendations  include Read the rest of this entry »

Strange turns in drone regulation in Australia and the United States..

June 3, 2017

The conversion of drone technology from military to civilian use and then its development from a relatively expensive hobbyist vehicle to a widely affordable and necessary part of many industries has been a spectacular journey.  It has taken many by surprise.  In 2010 the Federal Aviation Authority predicted that there would be 15,000 units by 2020 and 30,000 by 2030.  A year ago in the United States more than 15,000 drones were sold every month.  Since the FAA commenced its registration system in December 2015 more than 800,000 drone owners have registered to fly.

While the technology has moved on at a exponential pace the Federal Governments in Australia and the United States have done nothing to deal with the intrusive potential of drones notwithstanding the ample need to do so.  For example Read the rest of this entry »

CCTV trial in Queensland ringing privacy alarm bells

March 8, 2017

At the best of times Closed Circuit television (“CCTV”) needs to be used carefully, responsibly and proportionally.  The danger of function creep is present, particularly when CCTVs are tied to a network and run by government agencies.  The report today in the Guardian in Fears over trial of ‘1984’ surveillance system that anticipates antisocial acts highlights a highly suspect trial by Toowomba City Council to use facial recognition software and analytic software to potentially predict anti social behaviour. This story has had a run on the World Today.  The vagueness of the Toowoomba Mayor, Paul Antonio’s answers as to the future possible use of the CCTVs highlights the lack of transparency that accompanies these sort of “trials.”  Of almost as much concern is the fact that the Queensland Privacy Commissioner has not been consulted.  More like ignored even though the Information Privacy Act applies to local government.  That Commissioner has prepared, vague and inadequate guidelines, on camera surveillance which are likely to be breached if the commentary on the World Today story turns into account. In the UK, where CCTVs are ubiquitous, there is a code of practice and real consequences for its misuse.
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Yahoo’s misery from its 2014 continues with report that employees knew of breach at time of incident but not advising until 2016

The Yahoo security breach which resulted in 500 million customer emails being compromised will become a case study in what not to do when suffering a data breach, how not to Read the rest of this entry »

Doctor fined for filming men in the shower but scope for civil action limited

January 7, 2017

State governments have been enthusiastic about criminalising surreptitious photography of a sexual nature, in response to the questionable practice of upskirting (taking photographs from shoes or ground level of women’s’ underwear) and revenge porn, the posting on-line of naked or intimate photographs by a spurned ex partner. The use of this legislation is reported on in Doctor fined for filming men in shower, where the accused engaged in utterly appalling behaviour in filming men showering in public bathrooms in Brisbane.  The article provides:
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Yes Virginia there is a Santa Claus….Merry Christmas

December 24, 2016

As is my tradition, just before Christmas I post a wonderful piece of journalism which is in keeping with this joyous festive season.  It is the editorial “Yes, Virginia, There is a Santa Claus”, a wonderful Read the rest of this entry »