The phone hacking scandal in the UK, with the News of the World being the biggest offender, has had a seismic effect on regulation, not to mention giving the law of privacy a kick a long. The scandal Read the rest of this entry »

It is hardly news to those who practice in the area that many Australian organisations generally place data security and privacy well down the priority list.  That is partly, and significantly, because Read the rest of this entry »

In Re Manlio (No 2) [2016] VSC 130 Justice MacDonald took quite serious action under powers under the Civil Procedure Act 2010 (the “CPA”) with significant consequences for a counsel involved in the case. This decision relates to the conduct of the legal representatives, not the substantive case itself. That decision was handed down on 21 December 2015 in Re Manlio [2015] VSC 733.

It is a particularly informative decision as to Read the rest of this entry »

In Cohen & Ors v Amberley Corporation Australia Pty Ltd [2016] VSC 140 Derham AsJ considered an application for discovery in relation to the administration by a trustee of a discretionary trust. What started out as a consideration of the plaintiff’s application concluded with part of the statement of claim being struck out. It is a very useful decision in the practical side of pleading breach of trust, which can be quite complicated.

FACTS

The plaintiffs are the children of Harold Campbell-Pretty (‘Harold’) and Kerry Ainley Watkins (‘Kerry’). After 2 divorces he ultimately  married Krystyna Campbell-Pretty (‘Krystyna’) [3].  On 27 March 1975, the Campbell-Pretty Family Trust was established by a deed of settlement (‘Trust’ or ‘Trust Deed’). Under its terms Harold was specified as the Appointor and each of the plaintiffs were specified as Primary Beneficiaries [4].  

There were two variations to the Trust Deed:

• on 29 December 1987 the defendant was appointed Trustee in place of the previous Trustee. From about December 1986, Krystyna and Harold were the directors of the defendant. On 29 December 1987, Krystyna was appointed as an additional member of the class of General Beneficiaries under the Trust [5];
• on  8 July 2005, the defendant as Trustee of the Trust purported to exercise a power given by clause 20 of the Trust Deed declaring that the plaintiffs were ‘deleted’ as Primary Beneficiaries under the Trust. Harold, as Appointor, consented to the variation [6].

Harold died on 25 May 2014.  Krystyna was his executrix.  The plaintiffs received nothing.

Breach of trust claim

The plaintiffs pleaded Read the rest of this entry »

Revenge porn has, until recently, followed an invariable fact situation; female partner breaks up with male partner and the male ex uploads intimate photographs/video of the female ex onto one of the many potential platforms on the internet, including Read the rest of this entry »

The new E health records system is attracting considerable attention…of the unwanted kind as the model switches from an opt in to an opt out system.  The latest development is the poor data security in the Read the rest of this entry »

Here is a case that can be served up to the Privacy Commissioner without the need for garnish.  The Age reports in More than a million Menulog customers’ private data at risk of theft that someone logging into the Menulog website can access and view names and email addresses of 1.1 customers when the permitted access was only to the customers of that person (or the company).  The defensive and inadequate response of Menulog when this problem was brought to its attention highlights Read the rest of this entry »

The BBC reports in Sex worker caught by ‘drone vigilante’ pleads guilty  that in Oklahoma a citizen used his drone to film an act of prostitution, in a parked vehicle, which resulted in the successful prosecution of hte prostitute.  Given the development of the technology it is hardly surprising that it could be put to this use.  The privacy issues are Read the rest of this entry »

Apps are notorious for being a weak links in an organisations cyber security structure. Commonly there is no privacy by design incorporated into an app.  The emphasis is Read the rest of this entry »

Protection of personal information by health organisations and health services is, counter intuitively, quite dreadful.

In Australia the e health records system is governed by the  My Health Records Act 2012.    The Government earlier this month Read the rest of this entry »