In a groundbreaking decision, the Victorian County Court has recognised a distinct cause of action for invasion of privacy in Australian common law. The ruling in WALLLER Lynn (A Pseudonym) v BARRETT Romy (A Pseudonym) [2024] VCC 962 marks a significant shift in how Australian courts protect individual privacy rights.
Judge Tran’s decision emerged from a deeply personal family conflict where a father disclosed private details from counselling sessions with his estranged daughter to various media outlets. The case highlighted the limitations of existing legal frameworks in protecting personal privacy, particularly in situations where traditional breach of confidence laws proved insufficient.
The Court awarded the plaintiff $40,000 in damages, with $30,000 specifically for the privacy breach and $10,000 for breach of confidence. While establishing this new legal precedent, Judge Tran deliberately left room for the doctrine to develop incrementally, declining to exhaustively define its elements or available defences.
The ruling addresses growing concerns about privacy in the digital age, particularly regarding deepfakes, social media, and non-defamatory yet highly personal disclosures. Judge Tran questioned whether existing laws adequately protect individuals when facing issues like deepfake pornography or viral social media posts about private matters.
This decision separates privacy rights from traditional breach of confidence actions, recognising privacy as a fundamental human right requiring distinct legal protection. The Court found that a privacy invasion occurs when a defendant discloses private matters that a reasonable person would consider highly offensive.
While this County Court decision may face scrutiny on appeal, it has already sparked important conversations about privacy rights in Australia. The ruling coincides with broader legislative efforts to strengthen privacy protections, including the Privacy and Other Legislation Amendment Bill 2024, suggesting a growing recognition of privacy rights in Australian law.
For a full reading of the media release, see here.
