March 2025

Over the last few years, we’ve seen an increase in enquiries about mobile phones being allegedly compromised. Some of the stories we hear are worthy of a Hollywood script, but that doesn’t mean they should be dismissed. When someone believes their phone is being tracked or monitored, their concerns deserve to be heard. Like any electronic device, mobile phones are prone to new vulnerabilities and exploits all the time.

At the more sophisticated end of the spectrum, malware like Pegasus has been remotely deployed by government agencies to target specific individuals (Read more).These attacks have primarily focused on journalists, activists, and politicians, using a combination of techniques such as spear-phishing and zero-click exploits to silently compromise devices.

The reality is that mobile tracking and spyware tools are readily available, often directly from the App Store or Play Store and typically require little technical expertise to install. Many users first become suspicious when they notice strange behaviours on their devices such as random glitches, battery drain, overheating, or unusual notifications. Others might feel uneasy when an ex-partner seems to know where they are, where they’ve been or what they’ve said to others, despite no direct contact.

For the average Joe or Jane, installing spyware or malware typically requires physical access to the device and knowledge of the passcode or iCloud/Google credentials. Some spyware applications are hidden from the home screen and are only revealed through a specific sequence of actions. Others disguise themselves as harmless apps, like a Compass, while quietly running in the background. One leading spyware application, for example, can be deployed to a target phone simply with knowledge of the iCloud credentials. A more fully featured version of this application requires the iPhone to be jailbroken, meaning the device’s built-in security restrictions have been removed, allowing unauthorised apps and software to be installed outside of Apple’s controlled ecosystem.

In some cases, a linked iCloud or Google account might inadvertently expose private communications. This often happens when multiple devices are signed into the same account, such as in family settings where children’s devices are connected using a parent’s iCloud or Google credentials. While convenient for sharing apps, purchases, or managing screen time, this setup can unintentionally allow access to messages, call logs, photos, or location history across all linked devices. For example, a child’s iPad signed in with a parent’s account can replicate iMessages, emails, or app data, creating a privacy gap the user isn’t even aware of.

If you suspect that your phone is compromised, there are some initial triage steps that you can take:

1. Check for unfamiliar apps and delete them:
   1. Hold down the app icon > Remove App > Delete App (iPhone)
   2. Hold down the app icon > App Info > Uninstall (Android)
2. Review apps with excessive permissions:
   1. Go to Settings > Apps > Permission Manager (Android)
   2. Go to Settings > Security and Privacy (Android)
   3. Go to Settings > Privacy & Security (iPhone)
   4. Go to Settings > Privacy & Security > Safety Check (iPhone)
3. Review apps that are using excessive mobile data
   1. Go to Settings > Mobile (iPhone)
   2. Go to Settings > Network and Internet > SIMs > Select your provider > App Data Usage (Android)
4. Update iOS and Android OS to remove any vulnerabilities and remove any unauthorised modifications.
5. Check connected devices in your associated iCloud and Google Accounts
6. Change passwords to linked accounts and enable MFA

Identifying whether your mobile phone has been compromised isn’t as simple as spotting an unfamiliar app or noticing unusual battery usage. Many modern spyware and tracking tools are deliberately designed to operate covertly, hidden from the home screen, disguised as legitimate apps, or buried deep within the phone’s file system. That’s why relying solely on visual reviews or seeking basic IT support often leaves these threats undetected.

At Forensic IT we use industry-leading mobile forensic software, combined with training and experience, to conduct thorough investigations. Reviewing the extractions of mobile phones gives us access to a more data sources, including hidden files, deleted data, system logs, configuration profiles, and app data that would otherwise remain out of sight.

If you suspect your device is compromised, engaging a digital forensic expert ensures not only accurate identification but also that any evidence is preserved properly, whether for peace of mind or future legal action.

Article written by Brendan McCreesh from Forensic IT

The new right to disconnect laws, introduced in August 2024, are being used to bolster lawsuits filed by employees over other sackings or disciplinary procedures. The new laws were intended to offer discrete protections for workers against out-of-hours contact by their employers, but the latest cases reveal that the laws are being used in adverse action claims to strengthen an employee’s case and access additional compensation.

In some recent cases, employees were contacted out-of-hours in relation to allegations or investigations being conducted by their employer. Once terminated as a result of those investigations, the employees added breaches of the right to disconnect laws to adverse action claims. Opposition workplace relations spokeswoman Michaelia Cash described these kinds of claims as an ‘attempt to game the system.’  

There is evidence that the introduction of the right to disconnect laws has been beneficial for workers. According to analysis by the Centre of Future of Work, since the laws were introduced the amount of unpaid overtime undertaken by workers has fallen by a third – and 40% for workers aged 18-29. Considered with the relatively low rate of litigated disputes (just one dispute raised with the Fair Work Ombudsman in the last six months) it appears that general cooperation between employers and employees is driving the early resolution of disputes and positive changes in practice.

Gadens partner George Haros told the AFR that it was ‘too early to tell’ how the right to disconnect laws would be used in practice, but that we can expect the right to be used in conjunction with general protections to add weight to employee claims.

Read more

The perpetrators of scams can use sophisticated psychological tactics to build a sense of rapport, trust and friendship which they exploit for their gain. Scam victims sometimes feel that they have been naïve or careless by falling for a scam, but the emotional manipulation tactics of scammers are designed to create relationships which feel genuine, and are difficult to resist.

These manipulation tactics were discussed in evidence given by Professor Monica Whitty during a death penalty appeal in the Malaysian Federal Court in 2019. Sydney woman Maria Exposto had been found guilty of trafficking methamphetamine into Malaysia, but on appeal her lawyers argued she had fallen victim to a romance scam. Evidence given by Professor Whitty highlighted the manipulative ‘grooming’ behaviour employed by scammers, whereby over a period of days to months scammers ensnare victims in what they feel are genuine relationships of affection and trust. Victims can become socially isolated from friends and family which may make them more susceptible to financial or other abuse.

These elements of deceit make it difficult for victims to resist scams, particularly vulnerable members of the community who may have lower technological literacy; or simply those who trust too easily, as Prof Whitty said of Ms Exposto. But the message is clear – the fault for these scams lies with the scammers alone, not the individuals who are deceived into trusting them.

Listen to Professor Whitty explain

The US law firm Simpson Thacher & Bartlett was fined 300,000 pounds by the UK Solicitors Regulatory Authority (SRA) for failing to have a firm-wide anti money laundering risk assessment between June 2017 to February 2023. While there was no allegation of actual money-laundering, the penalty addresses the increased risk of a breach due to the absence of a policy. The firm has assured the SRA that they have ‘made significant investments to enhance [their] robust compliance function’ since. Simpson Thacher is just the latest major law firm to face disciplinary action over breach of money laundering regulations, as Clyde & Co was fined 500,000 pounds in 2024 after admitting to breaches of money laundering regulations.

Read the article

A hearing is ongoing after Rina Rohilla was expelled from the Royal Mid-Surrey Golf Club after it was alleged she cheated in a club competition. A member since 2003, Ms Rohilla claims that the actual reason she has been expelled was due to club members taking a ‘personal dislike’ to her.

The court reviewed emails between members of the club’s captains committee in which Ms Rohilla was discussed; with RMS general manager Luke Edgcumbe writing that he found ‘Rina’s approach/attitude to gold very uncomfortable’ and that she did not display ‘esprit de corps.’ The captains committee wanted to ‘take on’ Rohilla – they had been compiling a file on her apparent misdeeds – but needed ‘cast iron’ evidence to do so.

That cast iron evidence seemed to present itself when a scorecard signed by Ms Rohilla after a 2019 stableford competition read 37, rather than 35. This irregularity incensed the club captains, who immediately accused Ms Rohilla of cheating and said that her misconduct ‘went right to the heart of golf,’ arguing for her expulsion because the ‘crime was so bad.’ After the management committee presented two scorecards to her as the total evidence for her cheating, Ms Rohilla was expelled on 30 September 2019.

Ms Rohilla denies cheating and is now contesting her expulsion from the club, seeking an injunction for her reinstatement and damages totalling £37,000 (approx. AUD$73,500). Hearings in the UK High Court are ongoing.

Read the article

The case concerned allegations of dishonesty by legal professionals acting as receivers. Mr Salmon was a director of TCBS, a company which provided management services to Business Australia Capital Mortgage (BACM) and Business Australia Capital Finance (BACF). TCBS held registered charges over each company securing up to $1.5 million in debt. BCAM and BCAF entered liquidation in 2005, with Mr Albarran appointed as one of the receivers.

Mr Salmon alleged that Mr Albarran and others breached their duty as the receivers of the companies by pursuing personal benefits. The case turned on whether the alleged breaches amounted to dishonesty. The Court found that even if Mr Albarran and other respondents were in breach of their obligations, those breaches were not dishonest. A finding against dishonesty was influenced in major part by the satisfactory degree of transparency with which Mr Albarran and others acted.

Mr Salmon’s conduct during the proceedings drew some criticism from the Justices of the NSW Court of Appeal. They said he demonstrated a disregard for protocols and rules in the filing of his documents – the court made comment on this not for its own sake, but because adherence to the rules is how ‘substantive justice is achieved.’ Mr Salmon’s non-compliance with the rules weakened the case of the appellants because he did not focus his attention and submissions on issues that might have affected the judgement.

Read the full case

Victorian solicitor Elisa Berry has been struck off the roll of solicitors. The VLSBC argued that, among an extensive register of misconduct, the following conduct exemplified the reasons that Ms Berry was not a fit and proper person to remain on the roll:

• On two occasions, Ms Berry set up a false email address in a client’s name so that her firm’s invoices would be sent to the false email rather than to her client. She impersonated those clients in applications for legal finance loans and allowed caveats to be placed on each client’s property without their knowledge or consent. She applied the funds to unpaid legal fees or, in one instance, to the purchase of property for another client.

• Ms Berry forged her client’s signature on a minute of proposed consent orders, causing the orders to be made by consent and enforced without the knowledge of her client. In court she made false representations of instructions she had received from a client, when no instructions had in fact been given.

• Ms Berry forged five sets of court orders and provided them, as well as forged correspondence between herself and the FCA or FCACOA, to a client.

• Ms Berry falsely advised a client that new custody arrangements concerning his children had been agreed, causing him to attend meeting locations and await the arrival of his children, who did not arrive.

Judge O’Meara commented that the misconduct, spanning over five years and thirteen matters, was ‘exceptionally serious and alarming.’ The conduct was particularly unusual because it did not confer any discernible benefit on Ms Berry, and was entirely unexplained in her admissions to court. Judge O’Meara remarked that the circumstances were ‘as deeply unsettling as they [were] utterly baffling’. Nonetheless, the gravity of the situation led Judge O’Meara to describe the matter as ‘a stain that the entire profession must wear,’ and lamented the fact that such conduct eroded public trust in the legal profession.

Read the full case

Welcome Brian Shen

Brian Shen joined our team earlier this month. Brian is originally from New Zealand, and has previously practiced in fraud, regulatory and disciplinary law.

We are very happy to welcome Brian and he is already making very positive contributions to our work.

Drinks with the Bar and Bench

On Thursday 20 March we hosted drinks with the Bar and Bench. It was a wonderful event highlighted by a welcome speech by Don Farrands KC and later in the evening great “war stories” from Liz Ruddle KC.