Covert Surveillance - Confidential Interviewing - Online Data Sourcing - Pretext and Undercover Inquiries - Network Theory

WE KNOW THE LAW - AND ARE GUIDED BY IT

The following material comes from our e-book, Working With the Law

PRIVACY LAW

The Privacy Act 1988 (Cth) circumscribes the handling, use and storage of personal informaiton about individuals. Here we touch on the following topics:

Key Definitions
APP 3 — Collection of Solicited Information
APP 4 — Unsolicited Information
APP 6 — Use or Disclosure of Information
APP 11 — Security of Information
APP 12 — Access to Information

SURVEILLANCE DEVICES LAW

The use of technology to enhance surveillance capabilities and make permanent records is a power for good and evil. Here we touch on the following topics:

Telephone and Network Interception
Listening and Optical Devices
Parties
Private Activities and Conversations
Tracking Devices

CONTRACT LAW AND EQUITY

Contracts lie at the heart of business. Equity lies at the heart of contracts, being all about keeping promises and acting fairly. Here we touch on the following topics:

What makes a valid contract?
Forms of Agreement
Estoppel
Interpreting and changing a contract
Termination
Vitiating Factors

NEGLIGENCE LAW

Negligence law exists to hold people and organisaitons accountable to each other for harm suffered due to the shortcoming of another. Love it or hate it. Here we touch on the following topics:

The inception of negligence law
Threshold incapacity
Duty of care
Foreseeability

RULES OF EVIDENCE

The Rules of Evidence tell courts how they must determine whether evidence is admissible at trial. They exist to ensure predictability and fairness in trials. Here we touch on the following topics:

What are the rules of evidence for?
Relevance
Hearsay
Opinion
Past Judgments

EQUITABLE DUTY OF CONFIDENTIALITY

A body of law based on fair play says that if you are entrusted with a secret, or you come by one yourself, you are legally bound to keep it. We touch on:

Underlying concepts of the rule and its flaws
Iniquity defence - Gartside v Outtram
Equitable maxim of clean hands
Detriment rule and the ensuing debate

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