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Privacy Case Assessment

A fixed-fee privacy case assessment to determine whether your situation meets the threshold for a statutory tort claim.

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What the Assessment Covers

For a fixed fee of $770 (inc GST), a privacy lawyer reviews your situation against the statutory requirements of Schedule 2 of the Privacy Act 1988 (Cth). No obligation to proceed further.

Statutory Tort Eligibility

We assess whether the conduct you have experienced falls within one or both pathways of the tort: intrusion upon seclusion or misuse of personal information. Not every privacy grievance is actionable. This assessment tells you where you stand.

Seriousness Threshold

The tort requires the invasion to be serious. We apply the statutory factors, including whether the conduct was intentional or reckless, and whether the defendant knew or ought to have known it would cause offence or distress, to evaluate whether your matter clears this filter.

Public Interest Balancing

Courts must weigh your privacy interest against competing public interests such as freedom of expression and crime prevention. We identify whether any public interest argument is likely to arise and how it may affect the strength of your claim.

Available Remedies

We outline the remedies open to you: damages (capped at approximately $478,550 for non-economic loss), injunctions to restrain ongoing conduct, account of profits, and in exceptional cases, exemplary damages. No proof of financial loss is required.

Limitation Period Check

The clock is ticking. You may have as little as 12 months to act. Strict time limits apply. You must start proceedings within one year of becoming aware of the invasion or three years of its occurrence, whichever is earlier. We confirm whether your claim is within time and flag any urgency.

Clear Written Advice

You receive a written summary of our assessment, including our view on the merits, the likely pathway (intrusion or misuse), the available remedies, and a recommendation on next steps. You are under no obligation to instruct us further.

How the Privacy Case Assessment Works

A clear process to give you an informed basis for decision-making.

Lawyer working on urgent privacy injunctions

Step 1: Confidential Intake

You contact us through our enquiry form or by telephone. We collect preliminary details about what has occurred, who is involved, and when it happened. All communications are protected by legal professional privilege. If your matter involves an ongoing invasion or imminent publication, tell us immediately. We can escalate to an urgent privacy injunction application where the circumstances require it. The intake process initiates our formal legal analysis. The more detail you can provide at this stage, the more accurate our assessment will be.

Court representation for privacy claims

Step 2: Merits Assessment Against the Statutory Elements

A solicitor reviews your instructions against each element of the statutory tort. This means identifying whether the conduct constitutes intrusion upon seclusion (surveillance, tracking, hidden cameras, eavesdropping, physical intrusion) or misuse of personal information (publication or disclosure of private health, financial, or intimate information). We then assess whether the invasion was intentional or reckless, as the tort does not cover merely negligent conduct. We consider the seriousness threshold, the reasonable expectation of privacy, any applicable defences or exemptions, and the public interest balancing test the court must apply. Where the conduct also involves reputational harm, we flag potential overlap with defamation law and can advise on both causes of action.

Strategic defence solutions meeting

Step 3: Written Advice and Recommended Next Steps

You receive a clear, written assessment. If we consider the claim has reasonable prospects, we outline the recommended course of action: a pre-action demand letter, an application for urgent injunctive relief, or formal proceedings for damages. We provide an estimate of costs for each option. If we consider the claim does not meet the statutory threshold, we tell you so directly. We may also identify alternative avenues, such as an OAIC complaint (which is free and does not require a solicitor) or a claim under state surveillance legislation. The assessment is yours to keep. You decide whether to proceed, and with whom.

Urgent Privacy Injunctions

Urgent Privacy Injunctions

If your assessment reveals an ongoing or imminent invasion, we can apply to the court for injunctive relief to restrain the conduct. Urgency is handled as a priority.

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Pre-Action Demand Letters

Pre-Action Demand Letters

A formal letter to the person responsible, setting out the statutory cause of action and the remedies available. Fixed fee: $990 (inc GST) for a standard matter, following your assessment. Often resolves matters without court proceedings.

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Compensation and Damages Claims

Compensation and Damages Claims

Full court representation to pursue civil privacy damages under Schedule 2. Non-economic loss is capped at approximately $478,550. Exemplary damages may apply in exceptional cases.

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Surveillance and Recording Claims

Surveillance and Recording Claims

Covert cameras, audio recording, GPS tracking, and digital monitoring. The statutory tort provides a civil remedy where state surveillance laws create only criminal offences.

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Misuse of Private Information

Misuse of Private Information

Unauthorised disclosure of health records, financial details, or personal information. Truth is not a defence to the statutory tort. The fact that the information was accurate does not excuse its publication.

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Intimate Images and Doxxing

Intimate Images and Doxxing

Non-consensual sharing of intimate images and publication of personal identifying information online. The tort covers individuals, social media users, and platforms. The journalist exemption is narrow.

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Common Questions About the Privacy Case Assessment

The fee covers a confidential review of your instructions by a solicitor, analysis of your situation against the elements of the statutory tort for serious invasion of privacy under Schedule 2 of the Privacy Act 1988 (Cth), and a written summary of our assessment including our view on the merits and recommended next steps. There is no obligation to proceed further. The fee is $770 including GST.

No. The statutory tort is actionable per se, meaning no proof of damage is required. You do not need to demonstrate financial loss, psychological injury, or any other form of harm to bring a claim. The invasion of privacy itself is the wrong the law recognises. That said, if you have suffered identifiable harm, it may be relevant to the amount of damages the court awards.

Not every invasion of privacy gives rise to a cause of action. The statutory tort requires the invasion to be serious. The court considers factors including whether the conduct was intentional, whether the defendant knew or ought to have known the invasion was likely to offend or distress you, and whether you suffered damage. Minor, trivial, or incidental intrusions are unlikely to meet the threshold. Our assessment applies these factors to your specific circumstances. For a fuller explanation, see our page on what counts as a serious invasion of privacy.

The statutory tort covers two distinct pathways. Intrusion upon seclusion involves interference with your private space or affairs: surveillance, hidden cameras, tracking devices, eavesdropping, or physical intrusion into a place where you have a reasonable expectation of privacy. Misuse of personal information involves the collection, use, or disclosure of private information without your consent: publication of medical records, financial details, intimate images, or personal identifying information (doxxing). Some situations involve both pathways. Our assessment identifies which pathway or pathways apply to your matter.

No. Truth is not a defence to the statutory tort for serious invasion of privacy. This is a significant departure from defamation law, where truth (or justification) is a complete defence. Under the privacy tort, the wrong is the invasion of your privacy, not the falsity of any statement. If the information published about you was both private and true, and the publication was intentional or reckless, you may have a claim. If it was also false and damaging to your reputation, you may additionally have a defamation claim. We can advise on both. See invasion of privacy vs defamation for more detail, or visit defamationlawyer.au.

The Office of the Australian Information Commissioner (OAIC) accepts complaints about privacy breaches, and this pathway is free and does not require a solicitor. However, the OAIC complaint pathway primarily covers entities regulated by the Australian Privacy Principles (APP entities), which excludes most individuals and small businesses with annual turnover under $3 million. While the OAIC has enforcement powers including compliance notices and civil penalties, the statutory tort under Schedule 2 provides a direct pathway to seek damages in court regardless of whether the defendant is an APP entity. Our assessment will identify which avenues are open. See OAIC complaint vs the statutory tort for a detailed comparison.

The limitation period is one year from when you became aware (or ought reasonably to have become aware) of the invasion, or three years from when the invasion occurred, whichever expires first. The court may extend this period in limited circumstances, up to a maximum of six years. These time limits are strict. If you are close to the one-year mark, treat the matter as urgent. We confirm your limitation position as part of every assessment. See privacy tort time limits for further detail.

If you are experiencing an ongoing invasion of privacy, or if someone is threatening to publish private information imminently, tell us when you make contact. We can escalate your matter and, where the circumstances warrant it, apply for an urgent privacy injunction to restrain the conduct. The formal assessment can follow once the immediate threat is addressed.

No. The assessment is a self-contained engagement. You receive our written advice and are free to act on it, seek a second opinion, or take no further action. If you do wish to proceed, we can discuss the appropriate next step, whether that is a pre-action demand letter, an injunction application, or formal proceedings for compensation and damages.

Yes. The confidential initial assessment ($770 inclusive of GST) is the first step for every new matter. It is where we take your instructions, review the material, and confirm whether a demand letter is the right course, or whether an urgent injunction or proceedings should come first. The demand letter is then a separate fixed fee of $990 for a standard matter. The two fees are cumulative. Where a matter is complex, contested, or involves more than one party, we will quote the fee for the letter before we start.

As the legislation is relatively recent, there is limited reported Australian case law specifically concerning the statutory tort under Schedule 2. Australian courts are likely to consider privacy tort jurisprudence from comparable jurisdictions, including the United Kingdom (the misuse of private information tort developed since Campbell v MGN Ltd [2004]), New Zealand (Hosking v Runting [2005]), and Canada (Jones v Tsige [2012]). We draw on this body of law in our assessments and advice. We are clear with clients about where the law is settled and where it is not.
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