This June, we caught up with Peter Jidesten, CEO of new tech startup iDefendo, to talk file transfers, blockchain technology, and how his company is helping individuals and businesses to protect their intellectual property rights.

What is iDefendo and how can the platform help individuals or businesses?

“iDefendo is a file transfer service that targets IP intensive and creative businesses.

In addition to just transferring files from sender to recipient, we also create a digital timeline of events that can be used to prove that you really did send a specific file at a specific date and time and that a recipient really did download it at some other specific date and time.

These time stamps are then inserted into a blockchain to make them immutable so that you can use them to prove that what you claim happened really did happen. We call these logged timestamps ‘Digital Witnesses’ because that’s really what they are. They don’t prove anything by themselves, but they corroborate our users’ side of the story, and as an iDefendo user you can access them all in an Evidence Binder that we create automatically for you.

We believe that it’s generally good for business and progress when people dare to share their ideas.

It’s our hope that our system can help generate needed trust by making it transparent to the parties in a transaction that everything is logged and provable, and that our digital witnesses are present as a deterrent for anyone who might otherwise think about behaving badly.”

How to did you come up with the idea for iDefendo and what made you decide to use blockchain technology for file transfers?

“We, the founders of iDefendo, have a background as content creators and buyers and sellers of publishing and usage rights. In that space, creators have a very real fear of getting their music, images or ideas stolen. We also talked to inventors, innovators, and entrepreneurs and found the exact same worries in those spaces.

It became clear to us that the point in time when people feel the most unprotected is when they send out their content without a contract in place, so we designed iDefendo to be the tool that you use at that exact point.

Making use of blockchain technology was really almost unavoidable; trust-between-parties-who-don’t-know-each-other is more or less what blockchains are all about, with their distributed ledgers that can be verified by all parties.”

Blockchain technology has been around for a while. What is iDefendo’s key point of difference?

“Indeed, blockchains are not new anymore, and the hype around them is slowly starting to fade. Personally, I welcome that as I think it will make it easier for people to see where blockchains really are the better solution instead of just the hottest buzzword. I’ve seen more than a few implementations where blockchains were shoehorned into solutions where virtually any other data storage technology would have made more sense.

That said, in the right place a blockchain database that can be verified by all stakeholders can create the trust that acts as the grease that makes business run smoother.

But blockchains are highly technical and not necessarily easy to wrap one’s head around. That’s what we hope iDefendo will change by making blockchains useful to all and greasing the wheels of whatever business they are in.”

Being able to prove authorship of documents, when documents were sent and downloaded (and by who) can be critical to a favourable outcome in litigation, particularly in an intellectual property dispute. Has iDefendo experienced much traction in the legal sector and was this something you anticipated before launching?

“When we set out to build iDefendo, our primary target was people in our own backyard – freelancers of all kinds, photographers, songwriters, designers and software developers among others. But when, in preparation for the launch, we spoke to several different lawyers, it soon became clear that legal professionals not only very quickly grasped what we were trying to achieve, they also saw the use for it within their own areas of expertise. Because it’s exactly as you say: being able to prove something is often key. Sure, as a creator of something you generally own the copyright to that something, but how do you prove that? If the something happens to be sensitive or secret, you can’t really register it anywhere. And it’s not always clear from the outset what will be valuable in the future, so even if you could register it you might not be aware that you should until it’s too late.

iDefendo addresses both these problems. First, our digital witnesses are based on cryptographic hashes of whatever content they represent. That means that we don’t have to know anything about the content, or even see the file itself. All we need is the hash – the fingerprint – of the content. And secondly, we automatically log everything so that our users don’t have to worry about forgetting to log something that later will prove to be important.”

In the light of the recent Facebook privacy scandals involving Huawei and Cambridge Analytica, many users are concerned about sending information, particularly commercially sensitive information, using online services. How does iDefendo address these concerns?

“Information security is extremely important to us, for obvious reasons. We’ve built the system using best practices in all areas, with industrial strength end-to-end encryption both while files are in transit and when they are ‘at rest’ within our system. As soon as we don’t need the files anymore because the share has expired, they are securely wiped from our system.

We keep only the files we must keep in order to fulfill the file transfers. And as I mentioned earlier, for highly sensitive information that should never leave the security of the computer or local network, our digital witnesses can still be used without our servers ever seeing the content at all. All we need is a cryptographic hash, and that hash can be created locally within the user’s browser. Cryptographic hashes are the result of one-way hash functions, meaning that they can’t be ‘decrypted’ or leak any information about the content they represent.”

How much does it cost to use iDefendo?

“We have a subscription-based fixed per-seat-per-month pricing that allows virtually unlimited use of the service.

So there are no per-instance fees, once you’re a subscriber you’re free to use the system as much as you want. A subscription costs $120 per user and year, or $12 per month and also includes all necessary storage of the files you send. There is a free tier as well, where we offer much of the same service but that doesn’t include the blockchain-based Digital Witnesses that are automatically created for our paying customers.”

You mention that iDefendo logs everything. How is this compatible with companies’ data retention policies?

“Blockchain records are, as you probably know, immutable. That’s a core feature of the technology, and it’s the primary reason why we use them in iDefendo.

But the immutability might be a problem when you need to clean out something, for compliance or any other reason. To counter that, we’ve built technology that lets users invalidate records that should no longer point back to their owner. By doing so the records are effectively rendered unreadable, and only the owner can re-validate them later as long as they retain the key.

So basically, to remove a record, the user only needs to throw away the validation key in a manner that is consistent with their retention policies. iDefendo does not store these keys in our system at all, so we cannot be called upon to divulge them even if we are subpoenaed.”

Further Information

To learn more, visit iDefendo.

Lou Stojanovski and Tom Catalovski Construction Director NSW, Probuild

The “SOPA (Security of Payment Act) Toolbox” app has been developed by Director of Keystone Lawyers and expert in construction law, Lou Stojanovski.

Mr Stojanovski says he developed “SOPA Toolbox” to solve a problem he frequently sees with contractors missing out on progress payments because they are unaware of the security of payments system and deadlines. He also sees builders fail to respond to claims on time forcing them to make payment on claims they may otherwise dispute.

The app reminds builders and subcontractors of deadlines and takes them through every step in what can be a complex process.

Mr Stojanovski said “SOPA Toolbox” is an example of how technology is changing the way consumers interact with the law.

The app interprets the flow of the legislation for users, guides them through the steps in the process and provides downloadable relevant documents” Mr Stojanovski said.

Important dates are automatically stored on the user’s calendar and reminders prompt you what do next”.

“SOPA Toolbox” takes the guess work out so you don’t miss out on getting paid. It is a must-have tool for everyone in the construction industry Australia-wide” he said.

At $9.95 per month, it is a cost-effective solution that avoids the expense of a lawyer unless it is absolutely necessary.

The Security of Payments Act gives all contractors undertaking construction work and suppliers of goods or services the right to receive ‘progress payments’ for work performed. It sets down maximum payment deadlines and the option of adjudication if payment is not made on time.

The app has been configured for variations in legislation across each Australian State and Territory. While it does not replace the importance of carefully reading contracts, it is a simple tool that can track progress claims and responses to help ensure construction industry workers are paid on time.

Further Information

“SOPA Toolbox” is currently available for iPhone users via iTunes. An Android version is in development. A free trial is available. Subscribe to access to all features.

For more information visit www.sopatoolbox.com.au or download the app from iTunes.

Keystone Lawyers is based in Newcastle NSW but serves clients nationally.

On Tuesday night, the Law Society of New South Wales officially launched what is being described as Australia’s most comprehensive report to help lawyers better understand and tackle future challenges and opportunities facing the profession.

The Future Committee was established by the Law Society of NSW 2016 and its Future of Innovation in the Profession (FLIP) report is the culmination of research and consultation with more than 100 professionals.

When speaking about the drivers behind the report, Law Society of NSW President, Pauline Wright said:

The Law Society was determined to better understand the forces at play in our profession and help arm our members with the insights, knowledge and skills needed to succeed and thrive in the future.

Past Society President and Chair of the Future Committee, Gary Ulman, said:

We weren’t afraid to set ourselves an ambitious task – our Inquiry aimed to not only investigate key trends shaping our industry, but also develop practical recommendations to help future-proof our profession. 

Key Findings & Recommendations 

• Changing cultures, consumer pressure and lower prices are driving increased use of technology

Some of the main drivers of change include consumers seeking value for money and expecting lawyers to be abreast of, and use, technology. According to the Report:

Clients in the wider community have an appetite for cheaper offerings and prefer predictable costs. Solicitors are also encountering expectations that they use technology to provide service in a contemporary way.”

One of the key demographics identified as driving these changes are millennials. As digital natives, they are early-adopters of new technologies as well as faster, cheaper and more effective ways of accessing services online – think Airbnb, Uber, GoGet and Xero.

The Report provides that low-cost or free solutions like ‘DoNotPay’ a free online service (or robot lawyer) designed by a Stanford law student which overturned 160,000 parking tickets in New York and London are growing in popularity.

• Law graduates of the future need a range of new skills and knowledge

The Report focuses on law schools and PLT to produce ‘practice-ready’ graduates, suggesting that students be familiar with using new technology such as data analytics, as well as developing business skills and resilience, flexibility and the ability to adapt to change. Research and consideration is necessary to determine how these skills can be included in existing curricula. The Report also identifies that as legal technology develops and matures, new roles are likely to emerge.

• Innovation has the potential to enhance the personal well-being of members of the profession if the introduction of change is supported appropriately

While the Report identifies change in the profession as necessary and inevitable, it provides that individuals cope with change differently and that lawyers in both the private and public sectors need to be supported and trained through this process, possibly by introducing skills and practices that promote wellbeing into existing or new CPD units.

One government department came up with a novel solution to the challenge of older workers embracing technology. When some workers refused to undertake compulsory computer training, they were matched with younger staff from Gen Y, Gen X and millennial generations. The initiative not only saw the older workers pass the course but also younger workers benefit significantly from the depth of knowledge and experienced shared by their more experienced colleagues. Robyn Bradley, Mental Health consultant says:

I think if we can get the young lawyers working more with the older lawyers to help them with their fears about the technology and to show them how it can be used; and at the same time the older lawyers can pass on practice wisdom and show the young ones that they do know a thing or two … that would be good.”

The Report recommends noting the risk of adverse mental health impacts associated with rapid changes and to focus on facilitating wellbeing when delivering training or drafting new material to assist with such change.

• A centre for legal innovation projects to research and support change should be established

The Report noted a number of trends emerging from the use of technology in the legal profession including the potential to make legal work more enjoyable, effective and efficient as well as promoting competition and changing client expectations.

The Report recommends that the Society establishes a centre for legal innovation projects that actively facilitates innovation in legal technology and engages in the development of emerging technologies. The centre would also conduct and present research into ethical and regulatory dimensions of innovation and technology. It should also raise awareness of justice-related innovation including online dispute resolution.

• Efficacy of online legal documents should be researched including by analysing complaints made by consumers and investigating regulation of online legal information

The Report notes that the popularity of cheap legal documents made readily available to the public online has resulted in an increase in clients only contacting solicitors when they need to determine if the ‘standard’ documents they have purchased are fit for purpose, or to resolve a dispute that has arisen.

Over the last 10-15 years, in particular, the focus of solicitors’ practices has shifted from transactional to contentious largely because of the work of DIY clients. Many clients, for example, are taking more steps to secure their rights unaided such as relying on online legal documents which may turn out to be ‘not fit for purpose’ or obtaining trademark certificates, and only seeking legal advice when a problem arises.

The Report raised concerns that risks to consumers could be significant. The Society is looking into regulating online legal information and actively raising awareness among members of the public about the value of legal advice. It expressed the importance that regulatory touch should continue to be ‘light but judicious, serve the interests of the public, and foster innovation.’

This is likely to directly impact a range of prominent ‘NewLaw’ firms which specialise, for example, in the provision of online legal documents.

• Community needs and funding

According to the Report, the current pattern of legal service usage forms the shape of a ‘U’ where the highest users are at either end of the financial spectrum – from the very vulnerable who come from lower socio-economic backgrounds to the very wealthy who come from high socio-economic groups.

Within this curve of legal service usage exists a ‘missing middle’. Individuals from middle-income backgrounds or small to medium-sized businesses and organisations, who are not eligible for legal aid and who cannot afford expensive legal representation, are left with unmet legal needs. These people often experience legal issues but rarely seek legal assistance.

According to the Report:

this is a particularly dynamic area of unmet need, one which is beginning to be researched in more detail.”

• Draft guidance for lawyers as entrepreneurs and business people

The Report recommends the development of draft guidance for lawyers to operate as entrepreneurs and to develop new ways of doing business.

Final Thoughts

Despite the demand for accessible and affordable legal information and services from large and influential sections of the community, surprisingly, the legal industry is among the last dinosaurs still dragging its feet behind the likes of the health, travel and financial industries. This lack of widespread uptake in innovation and new technology in the face of a rapidly-changing legal landscape is even more pressing, especially given the potential for technology to improve the lives of clients as well as lawyers.

The Report does not deal with the potential for the increased use of technology and innovation to significantly enhance the lives of the broader community which, in our view, should be a key focus of legal services.

Interestingly, the recommendations overlook the need to improve community awareness and understanding of the law and legal issues from a preventative law standpoint.

As the Report establishes, many early stage legal issues faced by young Australians and middle-income earners either go unrecognised or untreated. For this ‘missing middle’ cohort, self-education and personal empowerment can be achieved through greater use of reliable online legal information and resources available through digitised government and other resources.

Indeed, there is much scope for public interest publications such as BucketOrange Magazine to play a significant educative role in lifting community awareness of the law generally. BucketOrange Magazine is not only successfully reaching out to this middle cohort but also providing a facilitative channel bridging the legal knowledge gap through educating the public about the law, the value of legal information, and the importance of seeking timely professional legal advice.

In the next 3-5 years, it will be vital for the industry to adapt, pivot and change direction in response to these identified factors and those set out in the FLIP Report.

What are your impressions of the findings and recommendations outlined in the FLIP Report? Let us know in the comments!

Further Information

Read the full Future of Law and Innovation in the Profession Report (FLIP) here.

Code for Australia (CfA) and Victoria Legal Aid (VLA) have just released a new online tool designed to make it easier for community members to gain access to legal assistance.

All code published by the CfA team is open source, meaning it can be replicated in other organisations who have similar needs. The code can be found on Github.

• Legal Aid Checker
• Code for Australia
• Victoria Legal Aid

Have something to add to this story? Leave a comment!

In previous years, the impact of tech disruption in the global travel and hotel industries has been enormous. Demand for faster, easier and more cost-effective online flight and hotel bookings has given way to holidaymakers cutting out travel agents as the middleman in favour of organising flights, accommodation, and activities themselves.

The effect of tech disruption in the Australian legal industry has had a comparably major impact. Digital access to ‘cloud-based’ lawyers, reduced cost and fixed-fee services have become more mainstream, along with a steady increase in demand for access to online legal information. Many Australians, as far as possible, wish to increase efficiencies and save money by handling early stage legal issues themselves.

Now, when it comes to divorce and the separation of assets, more and more Australians are seeking the ‘do it yourself’ option. One that involves accessing legal information online to reduce the time, cost, stress, and anxiety some Australians experience, or think that they will experience, when consulting a lawyer.

But how feasible is this option? Is it simply a matter of downloading relevant information and lodging the correct documents with the Family Court? Or is the process a little more complex, confusing and difficult to achieve alone? If the decision to get a divorce has not been mutual or amicable, it can be a very scary, overwhelming, stressful and expensive stage in your life. The costs associated with divorce (and lawyers) can also be frightening.

If you are considering the ‘DIY divorce’ route, below we outline the basics of the divorce process as well as the relative pros and cons of ‘going your own way’ without the help of a lawyer.

What Does ‘Getting A Divorce’ Mean?

When it comes to the full spectrum of human emotion, divorce is consistently ranked alongside the death

of a loved one as one of the most traumatic experiences anyone can go through.

Most of us don’t even realise that the word ‘divorce’ can actually entail three different elements:

1. Obtaining a divorce order which recognises that you are no longer married
2. Obtaining a property settlement (i.e. dividing your marital assets); and
3. Obtaining parenting orders, where there are children under the age of 18 years.

When Can I Obtain A Divorce Order?

To become legally divorced (by obtaining a divorce order), you first need to show that you have been separated for over 12 months.

For this reason, it is a good idea to document the date your separation occurs.

If you have been married for less than 2 years, you may also need to show that you have attended couples counselling.

In situations where you have been separated but continue to live under one roof, it is also imperative that you document when this arrangement first started, as this period can be included in the calculation of your 12 month separation.

Once you and your spouse have been separated for over 12 months, one of you can make an application to the Family Court for a divorce order.

When this is granted, a certificate is issued by the Court which declares that your marriage has now ended.

I Have A Divorce Order, Now What?

Once you have received a divorce order, you usually have 12 months to use the Court process to seek orders which relate to the division of your assets and parenting of any children under the age of 18 years.

You do not need to be divorced, or separated for any particular period of time, to seek a division of assets or parenting orders for children under 18 years, or enter into a Binding Financial Agreement.

In fact, it is often recommended that you discuss with your partner and decide on the division of assets and parenting orders prior to applying for a divorce order.

The Pros And Cons Of DIY Divorce

Now your decision comes down to whether you should do any of these things yourself or whether you should contact a lawyer to help you.

Before speaking with a lawyer, it is worthwhile to consider counselling or informal mediation with your

spouse.

As you would imagine, it is usually far better (and less costly) to reach an agreement amicably rather than by fighting it out in court. It is important to remember, however, that any arrangements you make at this stage may not be legally binding until they are registered as Final Consent Orders with the Family Court or signed off by two independent solicitors in a Binding Financial Agreement.

The Family Court is focused on what is just and equitable and, therefore, will not approve Orders or Binding Financial Agreements that disadvantage either person.

Advantages

• The main advantage of a ‘do it yourself’ divorce is that you save money on legal fees.

The Family Court website has Divorce Kits that can be completed online. This is a simple process where there are no children under 18 years and there are minimal assets to divide.

However, if you do have children under the age of 18 years, you will be required to appear in Court. In this scenario, without the assistance of a lawyer to talk you through court procedures and what may be expected of you, it can be a pretty daunting experience.

Disadvantages

• The main disadvantage of acting on your on own behalf in a family law matter is the difficulty in reaching an agreement.

Even in amicable separations, emotions can run high which can make coming to an agreed landing on the division of assets, or care of children, virtually impossible.

The benefit of having a lawyer working for you is that they can negotiate in your best interests in an impartial way and advise you on your likelihood of success.

• A secondary disadvantage of a ‘do it yourself’ divorce, if you don’t have legal training, is the possibility of facing avoidable mistakes and significant delays.

Lack of familiarity with court documents and processes, particularly when combined with the inherent emotional strain of a divorce, can result in important steps and items being missed and incorrect processes being followed.

You may have all of your required affidavits and documents filled out and witnessed by the correct people, for example, but one missing date or a signature in the wrong place can unexpectedly send you back to square one and needing to start the process from scratch.

If you are on tense terms with your former spouse, making additional arrangements to meet and to re-sign papers can put you under extreme and unnecessary stress and pressure.

In some cases, you may need to contact a family lawyer to help you sort out any errors. Sometimes correcting issues at this late stage can be more expensive than if a lawyer had been involved from the outset.

• It is also critical that any agreement you and your spouse reach is registered as Final Consent Orders with the Family Court, or as a Binding Financial Agreement.

If you don’t enter a formal agreement, there is a risk that your ex-spouse can make a claim on your assets many years down the track.

The best way to make sure that you don’t expose yourself to an unnecessary risk of a further claim against your property or assets in the future is to seek legal advice.

The reality is that obtaining a completely lawyer-free property settlement is nearly impossible.

Hybrid Solution 

If you are an informed, efficient and motivated person who wishes to the keep costs, anxiety and complexity of your divorce to a minimum, a mixture of ‘do it yourself’ divorce and legal representation may be the answer you are looking for.

To do this, try to resolve as many issues as you can between you and your spouse (such as the division of assets and arrangements for the care for your children), before seeking legal advice.

This strategy will help to keep costs down and will also mean a more successful and harmonious relationship once your property settlement and marriage dissolution have been finalised.

Further Information 

To contact a legal professional specialising in family law who will cost out each stage of the Family Court processes (and minimise legal fees) visit:

Legally Yours

• Email Karen Finch here for a complimentary consultation and fixed-fee quote; or
• Phone 1300 822 708.

For more information on ‘do it yourself’ divorce kits, visit:

Family Court of Australia

• Application for consent orders (DIY Kit)
• Application for Consent Orders – Proposed Orders Template
• Application for Divorce Kit
• Divorce Service Kit (DIY Kit)
• Financial Statement Kit (DIY Kit)

Have you, or someone you know, tried a DIY divorce or opted for a hybrid approach? What were your impressions and experiences? Let us know in the comments!