Payment by card is becoming ubiquitous in Australia, right down to getting the mandatory coffee first thing in the morning.  Some businesses refuse to accept cash where cash was usually the only form of transaction, such as bakeries.  The Economist in Emptying the tills highlights the phenomena of card taps being the norm, cash payment by value dropping, to as low as 5.7% in Sweden, and card only being a selling point.  It is not universal with card over cash being the norm in Scandinavia but cash still reigning in Germany and Italy, though for differing reasons.

What is clear though is that with the march of the cards maintaining data security is critical.  The best starting point is to comply with industry standards on data security, otherwise known as Payment Card Industry Data Security Standard (PCI DSS). Unfortunately, as with many businesses, maintaining appropriate data security is less common that one would hope.  That is made clear in a very recent Verizon 2017 Payment Security Report.   It finds that 44.6% fail to protect to payment card data on Read the rest of this entry »

Hard situations make bad laws.  That legal maxim, that an extreme case makes bad law, should be scratched onto the screen of every policy maker in every government.  It usually ends in tears.

The terrible and tragic case of William Tyrrell has been covered extensively in the media since he disappeared from care.  That coverage, or at least the extent of it, found its way into the New South Wales Court of Appeal in  Secretary, Department of Family and Community Services v Smith [2017] NSWCA 206.  In that case the Court rejected the Departments appeal from Read the rest of this entry »

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 »

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 »

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 »

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 »

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 »

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 »

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 »

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 »