Landmark Decision: Privacy Invasion Recognised in Australian Common Law

In an unprecedented ruling, an Australian court awards a woman significant compensation for invasion of privacy by her father, setting a new standard in privacy laws.
07 November 2024
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In a landmark case, an Australian court has recognized the invasion of privacy in a case, making a significant stride in common law. 

This decision came shortly after the government introduced a bill on the same issue. The defendant, a woman, received substantial compensation after proving that her father, who survived a murder attempt from her mother, violated her privacy by disclosing information from their joint counselling sessions in interviews and a co-authored true crime book. 

The case's decision, spanning over 48,000 words, went public last week, citing instances involving famous personalities like Meghan Markle and Naomi Campbell. Currently, a Government Bill introduced by the Albanese government and aiming to update privacy laws for the digital age is being scrutinised by the Legal and Constitutional Affairs Legislation Committee. 

While privacy law is viewed as a growing issue, this case indicates the need for a new statutory right to privacy in response to technological and societal changes. Plaintiff's counsel, Ian Upjohn, did not comment on the case details but emphasized its significance. 

The plaintiff was awarded $30,000 in damages for invasion of privacy and $10,000 for breach of confidence.

- CyberBeat 

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