What do the new privacy laws mean for you?

As of yesterday, 22 February 2018, new mandatory data breach legislation has taken effect. This means that certain types of data breaches, known as eligible data breaches, under the Australian Privacy Principles (“APPs”) have mandatory reporting obligations.

The APPs have now been in effect for almost four years. When they first came into effect, many organisations were caught off guard in terms of new requirements, including the need to have a privacy policy in place. The obligations under the APPs have now been extended even further.

The APPs contain certain obligations in relation to personal information and its use, disclosure and protection. These principles apply to a significant number of organisations, known as APP entities, including government bodies and private organisations with a turnover of more than $3 million. Read the rest of this entry »

Seeing a parent or a social event: which one prevails?

As children get older their priorities change, and friends and social groups become increasingly significant to them. This creates a tension between the importance of socialising children and the importance of children spending time with their parents – particularly the parent with whom they do not live.

The Family Law Act obligates a parent to do all they can to encourage children to attend with the other parent pursuant to Orders. Read the rest of this entry »

Straight up or the Sphinx: when Judges speak up

In family law matters, judges often provide preliminary views and encourage parties to contemplate settlement.  A judge might make comments that appear to favour one of the parties over the other, or that appear to indicate a pre-judgment of an issue in dispute before the presentation of evidence.

In the case of Darley & Darley [2016], the mother sought to set aside Court Orders on the basis that she had agreed to Orders by consent because the judge had placed undue duress and influence on the parties to settle, by highlighting the benefits to each of them of reaching their own agreement. Read the rest of this entry »

You agree to end the litigation… but is it really over?

Most family law matters resolve by agreement.  Former spouses/partners realise that there is much to be gained from ‘determining their own destiny’ instead of leaving such major decisions as parenting arrangements for their children, or division of their assets to a Judge; someone who does not know them or their children.

However, once the Terms of Settlement are signed, and the Judge formally makes the Order, is that the end?  Usually – yes.  Always – no.  Read the rest of this entry »