HI there, I am an education consultant and part of my job…

Hi there;

An early childhood service in Dubbo has contacted me aprox. 7 weeks ago! A (draft watermark) policies and procedures manual was sent after 10 days of contact. This service had no manual so a completed one created by one of my associated consultants was emailed!

In the mean time the services was contacted to remind them of paying their fee. They refused by saying is in the system.

On Friday I have received the following letter from my competitor:

Ron Clapham Lawyer and Notary Public

Tel 0414 400 095 ABN 45 514 542 640 106 Mulligans Flat Rd Email:[email protected] Fax XXXXXXXXXX Sutton NSW 2620

28 June 2013

Ms Alina Dan

2 Haigh Close,

Berkeley Vale NSW 2261

Ms Dan

Breach of Copyright action by Centre Support against you

I am the lawyer for Centre Support.

I have been briefed by my client with clear evidence that you have engaged in a serious breach of my client’s copyright in wilfully copying and selling the policy documents which my client sells to its customers. This was done in flagrant breach of the following copyright notice attached to my client’s material

It is most ironic that in the offending material you have included a copyright statement which shows that you fully understand the seriousness of what you have done. 2

I have advised my client that you may have engaged in criminal conduct and that the matter should be reported to the NSW Police for investigation. I enclose some information concerning breach of copyright which I urge you to read.

I have also advised my client to commence proceedings against you for damages.

I attach a comparison table which has been prepared as evidence in my client’s case.

In order to mitigate my client’s damages and to avoid the necessity for an urgent application to the Court for an injunction I ask that you before 5pm on 4 July 2013

• · confirm that you will not destroy the existing infringing material evidence nor engage in any further infringement;


• · Deliver to me all copies of infringing materials;


• · Provide me with a list and contact details of all persons or organisations to whom you have transmitted or provided copies of the infringing material;


• · Provide me with details of all sales of infringing materials including copies of all invoices so that a full accounting of profits made by you using my client’s copyright materials can be made for the purpose of calculation of damages.

Yours Faithfully

Ron Clapham

I have no understanding of how the Dubbo policies have ended up with my competitor and also no understanding of why there are so many similarities!.

Neither my self or my other consultant have ever purchased or sought access to their products, We are very different and is my least intention to have anything similar to my competitor!

I have requested the consultant who completed this manual to provide me with a list of references!

All i could think is that while researching and compiling the manual other policies from other services have been used as a reference!

However, at no stage we had any idea these policies we might've used had my competitor logo on!

Also, i feel that due to many (hundreds almost) of his clients are approaching me for many different services is trying to intimidate me!

I also feel this accusation is very defamatory as I have a very high reputation in this particular profession throughout Australia!

I have just started to write the following and wondering if appropriate:

Alina Dan and her associated consultants have never purchased, sought, requested nor have any interest to use and access Centre Support Pty Ltd material as it directly contradicts all Alina Dan’s Learning Approach and philosophy.

Alina Dan has ample dated evidences to demonstrate the sources used for compiling policies, procedures and other material. These references do not include at any time Centre Support Pty Ltd material.

It also appears that Centre Support Pty Ltd has undertaken least professional and unethical conduct in order to send the ‘comparison table’!

Alina Dan believes that is a case of coincidental similarity. Due to the threating and intimidating letter received from Mr C Alina Dan will now revise all her material to ensure that in no possible way and at no time her name is XXXXX XXXXX Centre Support Pty. Ltd.

As mentioned above in this case the policies and procedures manual was created from scratch for this particular service!

They are saying that the policies provided (include numerous parts of theirs).

We have never accessed their policies so the research conducted in order to create these policies have nothing to do with them is just a case of coincidental similarities especially when all early childhood services in Australia need to have the same policies and procedures and follow the Education and Care 2011,

It is bound for hundreds of service to have very similar sometimes identical policies!

yes, they have made a comparison table showing all the similareties

yes, used only polcies in our system to create them

there are a few different sources used - the Education and Care

Education and Care Services National Law and Regulations 2011

National Quality Framework

Bryant, L. (2009).

Managing a Child Care Service : A Hands-On Guide for Service Providers. Sydney: Community Child Care Co-Operative.

Guide to the National Quality Standards

Australian Children’s Education and Care Quality Authority (ACECQA)- www.acecqa.gov.au

and a few others

yes, all of this resources are available for anybody access and they are all free to access

This is why across the 23000 early childhood services you will find so many almost identical at times policies and procedures

What may i write back!

No, thank you!