Tort Law in Australia - Invasion of Privacy

Invasion of Privacy

In the case ABC v Lenah Games Meats in 2001, the High Court of Australia left open the possibility for development of a tort of invasion of privacy. The Court stated that it did not want to decide the matter at that time and only one member, Justice Callinan, gave any indication that such a tort may be acceptable . It held that Victoria Park Racing v Taylor did not inhibit the development of privacy law in Australia.

Since ABC v Lenah Game Meats, the question of whether the breach of privacy was a valid cause of action has been entertained in at least two states. The most adventurous decision is arguably that of the District Court of Queensland in Grosse v Purvis QDC 151, in which Judge Skoien awarded damages for invasion of privacy. Conversely, the existence of the tort was questioned by Justice Gillard of the Supreme Court of Victoria in Giller v Procopets VSC 113, in which the Court doubted that the law had 'developed to the point where the law in Australia recognises an action for breach of privacy' (Giller v Procopets at para 181).

Both of these cases were settled out of court and, as a result, will not proceed to appeal. Until this tort receives the attention of an Australian appellate court, the precedential value of Grosse and Giller is limited.