Federal Court (Bankruptcy) Amendment (Insolvency and Other Measures) Rules 2017 take effect on 1 September 2017

August 30, 2017

The Federal Court (Bankruptcy) Amendment (Insolvency and Other Measures) Rules 2017  comes  into effect on 1 September 2017.  That will Read the rest of this entry »

Victoria launches its Cyber Strategy

There are no shortage of cyber strategies being announced and even re announced by governments and agencies and sometimes governments and agencies together .

The The Victorian Government has announced its first Cyber Security Strategy.  It is the first Australian state to do so. The 32 page strategy is found here.

The announcement Read the rest of this entry »

Victoria appoints its first Information Commissioner

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 »

Weakness of the Internet of Things highlighted by the discovery of 1,700 passwords of home routers

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 »

Ausurv Operations Pty Ltd v Swanston Joe Pty Ltd (Costs) [2017] VSC 389 (30 June 2017): statutory demand by solicitor, application to set aside under section 459 of Corporations Act 2001, indemnity costs paid by defendant

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.

FACTS

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 »

UK reports on identity thefts growing, with 500 indentities stolen every day

The figures are sobering.  CIFAS a fraud prevention service reports that in the United Kingdom:

  • 89,000 identity cases in the first six months of the year;
  • identity fraud will now account for 56% of all fraud cases.

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 »

JJ Armstrong Pty Ltd v Hamptee Pty Ltd [2017] VSC 427 (26 July 2017): application to set aside statutory demand, sections 459 G adn 459J of the Corporations Act, genuine dispute and offsetting claim, notice of assignment of debt

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.

FACTS

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 »

289 Grange Road Developments Pty Ltd & Anor v Dalle Projects Pty Ltd [2017] VSC 409 (17 July 2017)

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 .

FACTS

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:

  • 289 Grange Road Developments Pty Ltd (“289 Grange”)
  • 11 Mitchells Lane Development Pty Ltd (“11 Mitchells”)

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 »

Hackers hijack robots and insert malware onto DNA used to take over a computer just the latest ways of effecting a data breach

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 »

Justice K S Puttaswamy (Retd) & Anor v Union of India & ors (Writ petition (Civil) No 494 of 2012: Indian Supreme Court rules that individual privacy is a fundamental right…another jurisdiction acknowledges a right to privacy… but still not Australia

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 »