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Tort of invasion of privacy recognised in Australian law
Judge Tran holds that an action for invasion of privacy forms part of the common law of Australia in WALLLER Lynn (A Pseudonym) v BARRETT Romy (A Pseudonym) [2024] VCC 962, Justice Legislation Amendment (Committals) Bill 2024 introduced
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WALLLER Lynn (A Pseudonym) v BARRETT Romy (A Pseudonym) [2024] VCC 962 (28 June 2024)
[315] In conclusion, it should be recognised that an action for invasion of privacy forms part of the common law of Australia. Although historically this action has been housed under the overarching doctrine of breach of confidence, it is better viewed as separate and distinct from the action for breach of confidence. This does not amount to the creation of a tort, but rather a recognition of the bifurcation[355] which has developed in relation to the action known as breach of confidence, between actions which at their heart protect confidential trade information; and actions (available only to natural persons) which at their heart protect human dignity in privacy. It is proposed to elucidate that bifurcation, by renaming the latter category as an action for invasion of privacy.
In a statement, the company said it had appointed Kate Eastman SC “to receive any further information from anyone on these allegations to enable her to conduct an independent investigation of any complaints made to her”."
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As a party to the Unclos, Australia was obliged to remove all structures from Bass Strait when they were no longer in use, he said.
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