[LINK] Fax Cover page disclaimers

Adam Todd link at todd.inoz.com
Thu Apr 29 21:42:17 EST 2004


I'm curious.  Link covers the "Disclaimer" discussion on occasion, but 
today I was intrigued by a story in the news, on 2GB and no doubt on 2UE.

This is over this Alan Jones and Johnny Howard "Do as I tell you" affair.

Apparently the reason the story broke into the news in the first place is 
because Howards office sent a private confidential fax to Alan Jones at 2UE 
and not at 2GB where Jones has worked for almost 2 years.

(Just further proves hour accurate and up to date Government records are, I 
now totally understand why ASIC can't update our postal address after 
sending the forms in by fax twice, by express post twice and once over the 
phone - recorded of course.)

So this whole Jones at the wrong fax machine thing caught my 
attention  Surely there was the usual disclaimer on the over "This fax is 
intended for the recipient only and should be destroyed or returned if 
incorrectly received.  The use is for the intended use and all other use is 
prohibited" kind of line.

Does this mean Howards office is now going to take legal action against 2UE 
for leaking/using/publishing the misdirected fax?

Or does this mean that the disclaimer is totally worthless because no legal 
basis of contract exists between the sender and the recipient?

Has a Legal Precedent now been set (or going to be set) by the HIGHEST 
office in the country?




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