Pippa Middleton & anor v Person Unknown or Persons Unknown [2016] EWHC 2354 (QB); injunction, misuse of private information, breach of copyright, Human Rights Act sections 8, 10 and 12

By Peter Clarke Yesterday in Pippa Middleton & anor v Person Unknown or Persons Unknown [2016] EWHC 2354 (QB) Mrs Justice Whippie continued an injunction made on 24 September 2016 prohibiting the publication of photographs hacked from Pippa Middleton’s iCloud account. The media reports that 3,000 photographs were accessed and offered for sale to media outlets in the United Kingdom for £55,000. Not surprisingly the claimants sought injunctions on the publication of those photographs.
On 24 September 2016, Dove J granted an interim injunction preventing the use publication or disclosure ofmaterial, set out in a Schedule, which listed photographs derived from …read more

Source:: Peter A Clarke

Sunshine and rain on Right to Know Day

By Peter Timmins Right to Know Day 28 September- great to see traffic on the twitter feeds including plenty from Australia at #RighttoKnowWhile observance has been trending in the right direction in recent years, its another step in the right direction given Right to Know Day often passed virtually unnoticed here.Something positive from the highest levels of government on the importance of the right to know would be a welcome development but alas..So too, with three ministers in New York last week, an Australian presence at the Fifth Anniversary Celebration of the Open Government Partnership would have indicated strong interest and commitment as …read more

Source:: Open and Shut

Mental harm claim: Perinatal death

By wjmadden McManus v Murrumbidgee Local Area Health Network [2016] NSWSC 1347 was a decision published yesterday in which the plaintiff alleged that the defendant failed properly to monitor her labour or to manage her antenatal period and delivery with the result that her unborn child died soon after birth and in circumstances that could and should have been avoided by an earlier caesarean intervention. Liability was admitted.
The decision focused on the claimants prognosis, but also may be of interest given the quantum of damages awarded, with a 60% award for non-economic loss and damages totaling more than $1.7 million.
An aspect …read more

Source:: Bill Madden

AML/CTF customer identification changes

By David Jacobson The Anti-Money Laundering and Counter-Terrorism Financing Rules Amendment Instrument 2016 (No. 1) commenced on 16 September 2016 to principally make changes relating to the rules for customer identification.
The changes amend the collection of customer identification information to allow information to be collected from sources other than the customer and to modify the electronic safe harbour provisions for customers.
Collection of customer identification information
The amendments remove the word ‘from’ and replace it with ‘about’ in Chapter 4 with regard to customer identification. As a result reporting entities will have the discretion to collect information from either the customer or …read more

Source:: Bright Law

Reference checking of bank financial advisers

By David Jacobson In the lead up to the appearance of the CEO’s of the four major banks before the House of Representatives Standing Committee on Economics next week the Australian Bankers’ Association has published a Reference Checking & Information Sharing Protocol to improve reference checking during the recruitment of financial advisers by member banks.
The Protocol is intended to promote better information sharing about the performance history of financial advisers focusing on compliance, risk management and advice quality.
The protocol sets minimum standards for checking references and sharing information, through a series of standardised questions and record keeping practices.
The Protocol commences from …read more

Source:: Bright Law

Superannuation changes – tranche two

By David Jacobson The Government has released for public consultation the second round of exposure draft legislation and explanatory material to implement a series of superannuation changes:
Introduce a $1.6 million transfer balance cap and transitional arrangements for individuals who already have retirement phase balances above $1.6 million;
Reform the taxation of concessional contributions (i.e. lower the Division 293 tax income threshold to $250,000 and reduce the concessional contributions cap to $25,000);
Allow catch-up concessional contributions for those with balances less than $500,000;
The removal of tax barriers to the development of new retirement income products by extending the tax exemption on …read more

Source:: Bright Law

How the 2016 Census breaches the right to privacy

By Melissa Castan By Melissa Castan and Caroline Henckels
This Australian Census undoubtedly provides essential information to government for planning for our nation’s future needs. However, this year’s Census has raised a number of concerns. In particular, we are concerned about:
The privacy of peoples’ personal information retained by the Australian Bureau of Statistics (‘ABS’)
The lack of legal authority for the ABS to collect names and specific dates of birth as part of the Census under the Census and Statistics Act 1905 (‘the Act’).
Unless privacy concerns can be adequately addressed, the ABS should not retain this information from the 2016 Census. Moreover, names and dates …read more

Source:: Castan Centre for Human Rights Law

Deeply saddening: a failure of our political class to recognise our right to marry

By Stephen Page Today was yet another deeply saddening day in the game of chicken being played out between the Government and the Opposition over gay marriage.

On the Government side, we have yet again a plebiscite that no one except the right wing of the Liberal Party and the Nationals wanted- foisted on the Liberal Party room by Tony Abbott. Then accepted by Malcolm Turnbull as a condition of his rise to …read more

Source:: LGBT Law Blog

Website defamation of medical practitioner

By wjmadden Al Muderis v Duncan [2016] NSWSC 1363 saw the applicant, an orthopaedic surgeon, make an interlocutory application to to restrain the continued publication on the internet of material he alleges is defamatory of him. The defendant had not responded to correspondence and was not represented at the interlocutory hearing.
The application arose against the background of a complaint by a patient to the Health Care Complaints Commission, which was dismissed. A medical negligence claim was also made and dismissed.
Later the patient pleaded guilty to offences of intimidation and using a carriage service to harass, menace or offend. He was convicted and …read more

Source:: Bill Madden