August 30, 2017
As of 1 September 2017 the State of Victoria will have an Information Commissioner, replacing the position of Privacy Commissioner. The Information Commissioner will also be responsible for Freedom of Information applications.
The inaugural Information Commissioner is Sven Bluemmel. Mr Bluemmel was Read the rest of this entry »
August 29, 2017
The Internet of Things is here to stay. Many household appliances are now connected to the internet; from white goods, sound systems and children’s toys to name but a few. The interconnectivity will grow not diminish with time. The spread of the technology has not been matched by Read the rest of this entry »
August 28, 2017
In Ausurv Operations Pty Ltd v Swanston Joe Pty Ltd (Costs) [2017] VSC 389 Associate Justice Gardiner considered an application to set aside a statutory demand issued by a former solicitor of a company.
On 7 March 2017 Ausurv Operations Pty Ltd (‘Ausurv’) applied to set aside a statutory demand dated 14 February 2017 served on it by Read the rest of this entry »
The figures are sobering. CIFAS a fraud prevention service reports that in the United Kingdom:
Interestingly the misuse of identity theft in the UK has changed, with credit card fraud falling 12% while bank account fraud fell 14% to 25,000. Then again Read the rest of this entry »
August 27, 2017
Associate Justice Gardiner considered an application to set aside a statutory demand in JJ Armstrong Pty Ltd v Hamptee Pty Ltd [2017] VSC 427. The key issue was whether there had been a proper assignment of a debt.
On 3 January 2017, the defendant (‘Hamptee’) served a statutory demand under s 459E of the Corporations Act 2001 (Cth) (‘the Act’) on the plaintiff (‘JJ Armstrong’) (‘the demand’) [1].
The demand claims that JJ Armstrong owed Hamptee $76,000. The schedule Read the rest of this entry »
Associate Justice Randall considered two applications to set aside separate statutory demands in 289 Grange Road Developments Pty Ltd & Anor v Dalle Projects Pty Ltd [2017] VSC 409. The underlying debts related to progress payments for building works undertaken. That meant it was a factually involved case with quite a technical arguments involving the operation of the Building and Construction Industry Security Payment Act 2002 .
Each application was made pursuant to s 459G of the Corporations Act 2001 (Cth) (‘Corporations Act’) to set aside separate statutory demands, each dated 15 March 2017 in relation to:
Each plaintiff is a different company incorporated for distinct projects [1]
The schedule, at [2] to the statutory demand for Read the rest of this entry »
August 24, 2017
Hackers have always been resourceful and skillful. Even hackers motivated for commercial gain by criminal means can demonstrate impressive skills and panache. Now they are moving ahead of screen writers and sci fi novellists in their ingenuity. The Atlantic reports that a well known team of computer scientists have encoded malware on DNA to take advantage of vulnerabilities in software that is used in analysing DNA. And that is what hacking is all about. Finding vulnerabilities.
Over at Wired there is a report of hackers Read the rest of this entry »
The Indian Supreme Court, in a unanimous decision of Justice K S Puttaswamy (Retd) & anor v Union of India & ors, has today found that individual privacy is a fundamental right. It is a comprehensive decision running to 547 pages and 5 years in gestation. Even so India has recognised such a right ahead of Australia.
This event has been Read the rest of this entry »
August 23, 2017
According to a very recent report titled FTSE 350 Cyber Governance Health Check Report 2017, of directors at the top 350 UK firms Directors at the UK’s top 350 businesses are not always given all the information they require to discuss cyber risks posed Read the rest of this entry »
On 15 July 2017 I posted on the very serious data breach by Flight Centre. It has been covered fairly widely by the media, on the ABC, MSN Nine and the Sydney Morning Herald to name a few.
A month later the Privacy Commissioner has decided to investigate the data breach. It made its announcement on 18 August 2017. The announcement provides:
On 15 August 2017, the Acting Australian Information Commissioner opened an investigation into Flight Centre, examining an alleged data breach involving the release of the personal information of customers to third-party suppliers.
Flight Centre is cooperating with the Office of the Australian Information Commissioner’s (OAIC) inquiries. Once the investigation has concluded a further statement will be published.
If any person has any concerns about how their privacy has been managed they can contact the OAIC at www.privacy.gov.au or on 1300 363 992.
This announcement has Read the rest of this entry »