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LEGAL SUMMARY OF BREACH – UNAUTHORISED DIVERSION AND MODIFICATION OF DOMAIN, LICENCES & LANDING PAGES

Based on the evidence captured , Popul8iT Australia Pty Ltd confirms the following:

1. The original domain and Wix licences for mallettmining.com.au and breatheeasyfilters.com.au remain legally owned, registered, configured, and paid under Popul8iT’s Partner Account, including ICON-Level discounted licences granted to the client as part of our services.


2. The client has engaged in unauthorised and unlawful diversion of the domain DNS and web configuration, redirecting traffic away from the authorised hosting structure created and managed by Popul8iT.

This action constitutes breach of contract, circumvention of licence obligations, and unauthorised interference under Australian consumer, cyber and digital-services laws.



3. The screenshots show that:

The same branding and logo have been copied and duplicated on an alternative landing page under Mallett Mining, containing the label “NEW OWNERSHIP”, which suggests an attempt to:

Mislead customers regarding ownership and administration.

Divert traffic and commercial benefit away from the licensed Popul8iT platform.

Avoid outstanding invoices and avoid payment of the legally required licence and domain charges.




4. This constitutes an illegal bypass of licensed services, as the client:

Has not paid the outstanding amounts for more than six months.

Attempted to migrate or redirect services without authorisation.

Continued to use Popul8iT-funded licences and domain infrastructure without payment.

Made changes that caused a platform outage on 29 August 2025, which Popul8iT was required to repair at its own cost.



5. Under Australian Contract Law, the Telecommunications Act 1997, and Digital Service Provider Obligations, the following applies:

Any unauthorised modification of DNS or hosting infrastructure owned or administered by a service provider is an actionable breach.

Any redirection of digital assets to circumvent payment constitutes commercial interference and deliberate financial avoidance.

Continued use of unpaid licences constitutes unauthorised access and benefit (similar to unauthorised software / digital service use).



6. Per earlier notices, Popul8iT has been accommodating, heavily discounted fees, and maintained services for over six months without payment, well beyond reasonable industry expectations. 

Misuse of Popul8iT assets,

Commercial misrepresentation, and

Intentional avoidance of contractual financial obligations.



7. Effective immediately, the current usage of:

The Wix licences,

The hosting environment,

The domain administration tools,

And associated partner-level benefits
is declared unauthorised.



8. As previously advised, the 2026 licence fees will now be re-calculated at full commercial rate, double the last bill, because:

Discounts are revoked due to breach,

Costs to rectify unauthorised changes have increased, and

Additional administrative and technical work is required to restore compliance.



9. Popul8iT will issue a Notice to Finalise Payment, after which:

A Notice to Complete will be issued, and

Debt recovery, credit listing, and legal proceedings will commence if payment is not finalised by the deadline.