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Privacy Law Practitioners. Representation for Plaintiffs and Defendants.

Sutton Laurence King Lawyers acts in claims under Australia's statutory tort for serious invasion of privacy.

Our Approach to Privacy Litigation

Sutton Laurence King Lawyers is a privacy litigation firm based upon defamation law principles and established for the statutory tort.

Fixed Fee Entry Points

A confidential initial assessment costs $770. A pre-action demand letter, where appropriate, is a further $990 for a standard matter. Costs are clarified prior to engagement to avoid open-ended billing from the outset.

Jurisdiction and National Reach

The statutory tort operates under Commonwealth law. While proceedings may be commenced in Federal, State, or Territory courts, we act for clients throughout Australia. Our principal office is in Melbourne, with matters also conducted in Sydney, Brisbane, Perth, and Adelaide.

Plaintiff and Defendant Representation

We represent individuals bringing claims and defendants responding to them, including employers, landlords, corporations, and media organisations. Acting for both parties informs our conduct of each matter.

Based upon Defamation Law

The statutory tort adopts its damages cap, publication framework, and several defences from defamation law. Our established defamation practice at defamationlawyer.au ensures these concepts are applied with professional familiarity.

Urgent and After-Hours Availability

Privacy invasions may occur outside of standard business hours. Where an injunction is required to restrain surveillance or prevent publication of private information, we are available to act on short notice.

Professional Discretion

Privacy matters are inherently sensitive. All enquiries are handled with professional discretion, which is a fundamental requirement for clients whose professional standing or safety may be at risk.

About Sutton Laurence King Lawyers

A practice focused on the relationship between privacy, reputation, and information law.

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A Firm Established for This Legislation

On 10 June 2025, Australia established its first general civil right of action for invasion of privacy. Schedule 2 of the Privacy Act 1988 (Cth) created a statutory tort for serious invasion of privacy, covering both intrusion upon seclusion and misuse of personal information. Sutton Laurence King Lawyers established InvasionOfPrivacy.com.au to focus exclusively on this cause of action. The tort is new and the body of Australian case law is currently developing, but the underlying legal concepts are familiar. The statute is informed by defamation law principles, overseas privacy tort jurisprudence from the United Kingdom, New Zealand, and Canada, and equitable doctrines of confidence applied by Australian courts for decades. Our defamation practice, operating through defamationlawyer.au, provides experience with the damages caps, publication tests, privilege defences, and injunction procedures that the statutory tort adopts. Initial proceedings under Schedule 2 require an application of established legal principles to this new statutory framework.

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How We Work

We provide a clear evaluation of the legal framework. The statutory tort includes a seriousness threshold which must be satisfied; consequently, not all privacy complaints will fall within its scope. The invasion must be intentional or reckless; negligence is insufficient. We provide an evaluation of prospects, potential outcomes, and costs during the initial assessment. While the tort is actionable without proof of damage and truth is not a defence, the scope of defendants is broad, and courts exercise discretion through a public interest balancing test. The statutory framework provides specific protections for defendants. Exemptions under Part 3 of Schedule 2 can be determined before trial, potentially resolving the matter early. Statutory defences including lawful authority, consent, and necessity are available, and an apology does not constitute an admission of liability. We provide a clear assessment of the legal position to assist clients in making informed decisions.

Legal materials representing expertise in defamation law

Privacy and Defamation: Related but Distinct

Many privacy invasions also result in reputational damage. An ex-partner who publishes intimate images may commit both an invasion of privacy and defamation. An employer who discloses an employee's medical records may face claims under both causes of action. The statutory tort and defamation law overlap in remedies and procedure but differ in critical respects. Truth is a complete defence to defamation but not to invasion of privacy. Defamation requires publication to a third party, whereas intrusion upon seclusion does not. The damages caps are set at comparable levels, but exemplary damages are available under the privacy tort in circumstances where they would not be available in defamation. Where a client's situation engages both areas, we advise on both. Our defamation practice at defamationlawyer.au runs alongside this privacy practice, allowing for the efficient management of related causes of action arising from the same conduct.

Urgent Privacy Injunctions

Urgent Privacy Injunctions

Court orders to restrain surveillance, prevent publication, or compel deletion of private material. Available on short notice where the circumstances require it.

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Defence and Exemption Applications

Defence and Exemption Applications

Representation for defendants facing privacy tort claims. We raise statutory defences at trial and seek pre-trial exemption determinations under Part 3 of Schedule 2 where available.

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Pre-Action Demand Letters

Pre-Action Demand Letters

A formal letter before action, prepared on a fixed fee of $990 for a standard matter following your initial assessment. Often an effective way to stop an invasion and resolve a matter without court proceedings.

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Settlement and Resolution

Settlement and Resolution

Negotiated outcomes including apologies, undertakings, deletion orders, and financial compensation. Many matters are resolved without recourse to a full trial.

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Confidential Initial Assessments

Confidential Initial Assessments

A fixed fee assessment ($770) of your position under the statutory tort. We provide an evaluation of prospects, available remedies, and the appropriate course of action.

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Compensation and Damages Claims

Compensation and Damages Claims

Full court representation for civil privacy damages. Non-economic loss is capped at approximately $500,000. Exemplary damages may be awarded in exceptional cases. No proof of financial loss is required.

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Common Questions About the Firm

Sutton Laurence King Lawyers is based in Melbourne. The statutory tort for serious invasion of privacy operates under Commonwealth law and may be heard in Federal, State, or Territory courts. We act for clients throughout Australia, including in Sydney, Brisbane, Perth, and Adelaide. Most initial consultations and ongoing communications are conducted by telephone or secure video.

Yes. We represent individuals bringing claims and defendants responding to them, including individuals, employers, landlords, media organisations, and corporations. For defendants, we focus on early resolution where possible, including pre-trial exemption applications under Part 3 of Schedule 2 that can dispose of the matter before trial.

Yes. The limitation period is one year from the date you became aware (or ought reasonably to have become aware) of the invasion, or three years from the date the invasion occurred, whichever expires first. Extensions are possible but only up to a maximum of six years. Strict time limits apply. A claimant may have only 12 months to act. If you believe you have a claim, obtain advice promptly.

A confidential initial assessment is $770 (fixed fee, inclusive of GST). If a demand letter is the right next step, that is a further $990 (fixed fee, inclusive of GST) for a standard matter. Complex or multi-party matters are quoted before we start. If the matter proceeds to court, costs depend on complexity and are discussed at the assessment stage. A preliminary telephone call to determine the suitability of an assessment is provided without charge.

The OAIC complaint pathway is free and does not require a lawyer, but it only covers entities regulated under the Australian Privacy Principles. This excludes individuals and most small businesses. It does not award punitive damages and resolution can be slow. The statutory tort under Schedule 2 is a separate regime covering a broader range of defendants and providing remedies including injunctions and exemplary damages. For serious invasions, the court pathway may provide more extensive remedies. We can advise on the appropriate pathway during a confidential initial assessment.

The statutory tort adopts principles from defamation law. Its damages cap mirrors the defamation cap, and several defences (absolute privilege, fair report of proceedings, publication of public documents) are drawn from defamation legislation. Where private information has been published in a way that also damages reputation, both causes of action may arise. Our defamation practice at defamationlawyer.au operates alongside this privacy practice to pursue both claims where appropriate.

The tort commenced on 10 June 2025. Given the recent nature of the legislation, the body of Australian case law is currently developing. Australian courts may consider persuasive authority from the United Kingdom (particularly the tort of misuse of private information developed since Campbell v MGN Ltd [2004] UKHL 22), New Zealand (Hosking v Runting [2005] 1 NZLR 1), and Canada (Jones v Tsige 2012 ONCA 32). These jurisdictions have established privacy tort jurisprudence that informed the Australian legislation. We draw on this body of law in advising clients and preparing matters for court.
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