In yesterday’s Legal Affairs section of the Australian Chris Merritt has raised alarm, here, about the new Attorney General’s predilication for activism and the statutory right of privacy.

He says:

ONE of the most overlooked elements of this week’s Gillard cabinet reshuffle looks set to put Nicola Roxon back in her comfort zone: leading a crusade.

Before the reshuffle, responsibility for the government’s proposed privacy tort rested with Brendan O’Connor, who was outside cabinet when he was Justice Minister. Jason Clare now holds that position, but he is not responsible for privacy.

That went to Roxon when she replaced Robert McClelland as Attorney-General. And that brought this policy area to cabinet. This suggests that Julia Gillard believes privacy is about to take on greater political significance.

In politics it is always very dangerous to read tea leaves as Chris does here.  There is even less profit in trying to discern the reasons for changes in administrative arrangements.  Privacy has found itself in many different portfolios Read the rest of this entry »

The Privay Commissioner has posted his presentation to the iappANZ summit on 30 November 2011. It is found here.

The speech,as it relates to privacy, provides:

Firstly, I will read you a quote about community perceptions of privacy.  As I am reading it, I would like you to see if you can work out when you think this quote was written.

“Recent inventions and business methods call attention to the next step which must be taken for the protection of the person….photographs and newspaper enterprises have invaded the sacred precincts of private and domestic life, and numerous mechanical devices threaten to make good the prediction that what is whispered in the closet shall be proclaimed from the house tops.”

Given recent media reporting of the impact of new technologies on people’s privacy, and incidents like the News of the World phone hacking scandal, you could be forgiven for thinking that this quote is contemporary.

You may be surprised Read the rest of this entry »

In recent decisions of Sportsco Pty Ltd v Singh Group Pty Ltd (No 2) [2011] VSC 576 (per Ferguson J) and BKW Investments Pty Ltd v Training Connect Limited [2011] FCA 1314 (per Cowdroy J) the courts considered applications to set aside statutory demands. In Sportsco the court, hearing an appeal from an Associate Justice, refused to set aside the application.  In BKW the court set aside the application.

Sportsco Pty Ltd v Singh Group Pty Ltd (No 2)

Facts

The underlying dispute related to the purchase of a franchise business.  Singh, the purchaser, submitted that the statutory demand on Sportsco for $70,500 was a refundable deposit under the franchise agreement. Sportsco, the vendor, applied to set aside the demand claiming there was a genuine dispute concerning the debt and that it had an offsetting claim.  Singh alleged there was an agreement that the money was refundable if it was unable to obtain finance for the franchise business.  Singh did not obtain finance.  While Singh was provided with an  an offer to lease premises from which the franchise would operate it was never executed by Singh.  Sportsco claimed there was a dispute as to what constituted the agreement and whether the agreement was subject to finance. It also claimed Singh was liable to pay a franchise royalty fee of five years as a consequence of the breach and was liable for damages of approximately $300,000.

Decision

Ferguson J referred to TR administration proprietor Ltd V Frank marketing and Sales Brochure Ltd as support forthe proposition that Read the rest of this entry »

In‘D’ and Wentworthville Leagues Club the Privacy Commissioner made a determination that there was a breach of the complainant’s privacy under section 52 of the Privacy Act 1988 (the “Act”).

FACTS

In October 2008, the complainant lodged a complaint with the Office of the Privacy Commissioner against the Club under s 36 of the Act alleging that:

• having been a member of the Club since 1997, on 28 September 2007, the Club disclosed the complainant’s full membership details, and player activity statements about their use of the Club’s gaming machines, for the periods July–August 2002 and January–June 2003. This information was provided to the complainant’s ex-partner
• the complainant learned of the disclosure in late July 2008
• the Club gave the personal information to the complainant’s ex-partner in breach of the Act.

The complainant sought, [4], a declaration in the sum of $19,483.90 in compensation for Read the rest of this entry »

There has been widespread reportage of privacy breaches at the Telstra bigpond site last weekend.

Typical of the reportage is that in the Herald Sun which provides:

The majority of BigPond email users have been reconnected after a privacy breach shut down the system for more than 24 hours.

“BigPond email has Read the rest of this entry »

The Human Rights (Parliamentary Scrutiny) Act 2011 will commence on 4 January 2012.  It passed through Parliament on 25 November 2011.

The Attorney General’s press release provides:

The new Act will also improve parliamentary scrutiny of legislation for consistency with Australia’s human rights obligations through two measures:

• requiring Read the rest of this entry »

In Maietti v Riccardi [2011] VSC 620 Beach J considered the requirements for properly pleading conversations, and where they are in a foreign language, provide proper translations.

Facts

The paragraph of hte statement of claim provided:

“On several occasions between August and October 2010, during the course of telephone conversations conducted in the Italian language which the defendant had with Paolo Sepe in the State of Victoria the defendant spoke the following defamatory words of and concerning the plaintiff, namely, words to the effect that the plaintiff:

(a) as treasurer of the Association [Laziali Nel Mondo Victoria Australia] had misappropriated its funds;

(b) as treasurer of the Association had stolen its funds;

(c) as treasurer of the Association, was responsible for the fact that funds were missing from the Association’s bank account;

(d) as treasurer of the Association had falsely claimed that he had spent $500 of the Association’s funds purchasing postage stamps on behalf of the Association.”

Issue

His Honour said, at [7], that the settled relevant practice on pleading was:

(a) first, Read the rest of this entry »

The Australian has two pieces regarding privacy;It’s now or never for action on a privacy tort: Kirby and Testing process of silk selection in state of flux.

In It’s now or never for action on a privacy tort: Kirby the article provides:

IF the government does not introduce statutory protections against serious invasions of privacy in the wake of the British phone hacking scandal it will never happen, Michael Kirby has declared.

Mr Kirby, former High Court judge and Australia’s most prominent advocate for strengthened privacy laws, this week urged the Gillard government to Read the rest of this entry »

Out – Law.com reports a speech by Lord Justice Jackson where he said the costs implications of incorrect electronic disclosure or inappropriate disclosure orders were potentially “huge”.  He was an author of a report on the cost of litigation.