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Privacy Lawyer Adelaide

Federal Court jurisdiction. No geographic limitation. Acting for Adelaide clients under the statutory tort for serious invasion of privacy.

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Invasion of Privacy Lawyer for Adelaide and South Australia

If you are looking to hire a privacy lawyer in Adelaide, you do not need to find one with a South Australian office. The statutory tort for serious invasion of privacy is a Commonwealth cause of action under Schedule 2 of the Privacy Act 1988 (Cth). Claims are filed in the Federal Court of Australia, the Federal Circuit and Family Court, or relevant State and Territory courts. The federal courts sit in Adelaide and accept electronic filing. Your solicitor does not need to be local.

Sutton Laurence King Lawyers acts for individuals across Australia, including Adelaide and regional South Australia, in privacy claims involving intrusion upon seclusion and misuse of personal information. The firm provides confidential initial assessments at a fixed fee of $770, pre-action demand letters at a fixed fee of $990, urgent injunction applications, and full representation for civil privacy damages claims. All initial consultations are conducted by video conference or telephone. Court appearances in Adelaide are attended remotely or, where required, through local counsel.

The statutory tort commenced on 10 June 2025. It is the first general civil remedy for invasion of privacy in Australian law. If someone in Adelaide is recording you, tracking you, or publishing your private information, you may have a cause of action. Time limits are strict: you may have as little as 12 months from when you became aware of the invasion to commence proceedings.

The clock is ticking. You may have as little as 12 months to act.

Limitation periods under the statutory tort are short. If you are dealing with an active invasion of privacy, early legal assessment matters.

What the Statutory Tort Covers

Two pathways to a civil remedy for serious invasion of privacy under Schedule 2 of the Privacy Act 1988 (Cth).

Surveillance camera representing intrusion upon seclusion privacy violations

Intrusion Upon Seclusion

This pathway covers conduct that intrudes upon your physical or informational seclusion. It includes surveillance by cameras or drones, covert tracking of your location or movements, eavesdropping, hacking into your accounts or devices, and physical intrusion into private spaces. In South Australia, the Surveillance Devices Act 2016 (SA) creates criminal offences for certain forms of surveillance, but it does not provide a civil remedy. The Commonwealth statutory tort fills that gap. You can now bring a damages claim in the Federal Court for serious intrusions, regardless of whether the conduct also breaches state law.

Digital privacy protection representing misuse of personal information

Misuse of Personal Information

This pathway covers the collection, use, or disclosure of private information in circumstances where a reasonable person would have a reasonable expectation of privacy. It includes doxxing (publishing your home address, phone number, or other identifying details), non-consensual sharing of intimate images, disclosure of medical or financial records, and publication of private correspondence. Truth is not a defence. It does not matter whether the information published about you was accurate. What matters is that it was private and the disclosure was serious, intentional, or reckless.

Federal Court building representing Commonwealth jurisdiction for privacy matters

Federal Jurisdiction: Why Location Does Not Matter

The statutory tort is Commonwealth legislation. While claims are often brought in the Federal Court of Australia or the Federal Circuit and Family Court, actions can also be commenced in State and Territory courts. Federal courts sit in Adelaide and filing is electronic. Hearings, including urgent injunction applications, can be conducted by video link. There is no requirement that your solicitor hold a South Australian practising certificate or maintain an Adelaide office. SLK Lawyers holds a national practising certificate and acts for clients in every Australian state and territory. Adelaide clients receive the same level of service, the same fixed-fee entry points, and the same capacity for urgent action as clients in Melbourne or Sydney.

How We Act for Adelaide Clients

Fixed-Fee Entry Points

Every matter begins with a confidential initial assessment at a fixed fee of $770 (inclusive of GST). During this assessment, we review the facts of your matter, identify whether the conduct is likely to meet the seriousness threshold under clause 7(1)(d) of Schedule 2, advise on limitation periods, and set out your options. This assessment is conducted by video conference or telephone. You will receive a written summary of our advice.

If the appropriate next step is a formal demand, we offer pre-action demand letters at a fixed fee of $990. These letters put the other party on notice that their conduct may give rise to liability under the statutory tort for serious invasion of privacy. In many cases, a well-drafted demand letter resolves the matter without court proceedings.

Urgent Injunctions for Adelaide Clients

Where an invasion of privacy is ongoing or publication of private information is imminent, time is critical. The statutory tort includes a power for the court to grant injunctions restraining the defendant from continuing or commencing an invasion of privacy. Urgent injunction applications can be filed electronically in the Federal Court's Adelaide registry. The Federal Court has established procedures for urgent and after-hours applications. We have the capacity to prepare and file these applications at short notice.

If you are in Adelaide and someone is threatening to publish intimate images, has installed surveillance devices directed at your property, or is accessing your private accounts, the availability of injunctive relief under the statutory tort may be the most important remedy. Damages compensate you after the event. An injunction can prevent the harm from occurring.

Full Representation for Damages Claims

For matters that proceed to litigation, we provide full representation in damages claims under the statutory tort. Non-economic loss (distress, humiliation, loss of dignity) is capped at approximately $478,550, indexed annually. Exemplary damages may be awarded in addition in cases of deliberate or outrageous conduct. No proof of financial loss is required: the tort is actionable per se.

South Australian Surveillance Law and the Commonwealth Tort

South Australia's Surveillance Devices Act 2016 (SA) regulates the use of listening devices, optical surveillance devices, tracking devices, and data surveillance devices. It imposes criminal penalties for unlawful surveillance. However, like all state surveillance legislation, it creates criminal offences rather than civil remedies. You cannot sue for damages under the SA Act. Until 10 June 2025, an Adelaide resident whose neighbour pointed a camera at their backyard, or whose former partner installed a tracking device on their car, had no general civil cause of action for the invasion of privacy itself.

The Commonwealth statutory tort changes this. It provides a civil remedy, brought in a federal court, for serious invasions of privacy that are intentional or reckless. A breach of South Australian surveillance law may support a claim under the statutory tort by demonstrating that the defendant's conduct was unlawful, but the tort claim itself arises under Commonwealth law and is determined by a federal court applying the criteria in Schedule 2.

Defendants in Adelaide

SLK Lawyers also acts for defendants facing claims under the statutory tort. If you have been served with proceedings or an urgent injunction application in the Federal Court's Adelaide registry, we can assist with responding to the application, seeking pre-trial determination of exemptions under Part 3 of Schedule 2, raising statutory defences, and negotiating resolution. Early legal advice is particularly important for defendants facing injunction applications, where the court may hear the matter within days of filing.

Adelaide Privacy Lawyer: Confidential Assessment Available Now

Fixed fee of $770. Video conference or telephone. Written advice on your options and time limits.

Why Adelaide Clients Engage SLK Lawyers

Federal jurisdiction. Fixed-fee entry points. Capacity for urgent action.

Federal Court Jurisdiction

Claims under the statutory tort are primarily filed in federal courts that sit in Adelaide, or in relevant State and Territory courts. Your solicitor does not need a South Australian office.

Fixed-Fee Entry Points

Confidential initial assessment at $770 and pre-action demand letters at $990. You know the cost before you commit.

Urgent Injunction Capability

We prepare and file urgent injunction applications at short notice. The Federal Court has procedures for after-hours and weekend applications.

No Proof of Damage Required

The statutory tort is actionable per se. You do not need to prove financial loss. Distress, humiliation, and loss of dignity are compensable.

Plaintiff and Defendant Representation

We act for both individuals bringing claims and parties defending them, including responding to injunction applications and raising statutory defences.

Privacy and Defamation Law Knowledge

The statutory tort borrows heavily from defamation law. We practise in both areas. Where your matter involves overlapping claims, we can advise on both. Visit <a href="https://defamationlawyer.au">defamationlawyer.au</a> for further information.

Frequently Asked Questions: Privacy Lawyer Adelaide

No. The statutory tort for serious invasion of privacy is Commonwealth legislation. Claims are filed in the Federal Court of Australia, the Federal Circuit and Family Court, or relevant State and Territory courts. Federal courts sit in Adelaide and accept electronic filing. There is no requirement that your solicitor hold a South Australian practising certificate or be physically located in Adelaide. SLK Lawyers holds a national practising certificate and acts for clients in all Australian states and territories.

Yes. Since 10 June 2025, individuals (natural persons) can bring a civil claim for serious invasion of privacy under Schedule 2 of the Privacy Act 1988 (Cth). The claim is typically filed in a federal court sitting in Adelaide, or in a relevant State or Territory court. You can sue any person, corporation, or government body, regardless of whether they are covered by the Australian Privacy Principles. The invasion must have been intentional or reckless, and it must meet the seriousness threshold. Negligent or accidental privacy breaches are not covered by this tort.

The Surveillance Devices Act 2016 (SA) creates criminal offences for certain types of unlawful surveillance. It does not provide a civil remedy. You cannot sue for damages under the SA Act. The Commonwealth statutory tort provides a separate civil cause of action, brought in a federal court, for serious invasions of privacy that are intentional or reckless. A breach of SA surveillance law may support a claim under the statutory tort, but the two regimes are distinct. State law creates criminal liability. The Commonwealth tort creates civil liability.

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. The court has a discretion to extend time up to a maximum of six years from the date of the invasion. These time limits are strict. If you believe your privacy has been seriously invaded, obtain legal advice promptly. More detail is available on our time limits page.

Non-economic loss (distress, humiliation, loss of dignity, anxiety) is capped at approximately $478,550, indexed annually. Exemplary damages may be awarded in addition in cases involving particularly egregious or deliberate conduct. No proof of financial loss is required: the tort is actionable per se. The court considers a range of factors including the nature and seriousness of the invasion, whether the defendant knew or ought to have known that the conduct would offend or distress you, and whether the defendant has apologised. See our compensation guide for further detail.

The statutory tort empowers the court to grant injunctions restraining a defendant from commencing or continuing an invasion of privacy. Urgent applications can be made to the Federal Court's Adelaide registry. The court must have particular regard to the public interest in the publication of information when deciding whether to grant an injunction. If publication is imminent, early legal advice is critical. See our urgent privacy injunctions page.

Respond promptly. If you have been served with an urgent injunction application, the court may hear the matter within days. SLK Lawyers acts for defendants as well as plaintiffs. We can assist with responding to injunction applications, identifying available exemptions under Part 3 of Schedule 2 (which may be determined before trial), raising statutory defences under Part 2, and negotiating resolution. An apology by a defendant does not constitute an admission of fault or liability under clause 13 of Schedule 2, which may be relevant to settlement discussions.

The OAIC (Office of the Australian Information Commissioner) handles complaints about breaches of the Australian Privacy Principles by APP entities, which are generally organisations with an annual turnover above $3 million, along with health service providers and certain other bodies. The OAIC process is free, does not require a solicitor, and can result in determinations including compensation and apologies. However, it does not cover individuals or small businesses as respondents, outcomes tend to be modest, and the process can be slow. The statutory tort under Schedule 2 is a separate cause of action brought in a federal court. It covers any defendant (individuals, corporations, government bodies) regardless of APP entity status. It provides for damages up to the statutory cap, exemplary damages, and injunctions. For serious invasions of privacy, the statutory tort is generally the stronger avenue. See our comparison page for further detail.

It can. Where someone publishes private information about you that is both private and damaging to your reputation, you may have claims under both the statutory tort and defamation law. The two causes of action have different elements, different defences, and different remedies. Importantly, truth is a complete defence to defamation but is not a defence to the privacy tort. We practise in both privacy and defamation law. Where your matter involves overlapping claims, we advise on the merits and strategy for each. See our page on invasion of privacy vs defamation, and visit defamationlawyer.au for further information on defamation claims.

Adelaide Privacy Law: Get Started

Confidential initial assessment by video conference or telephone. Fixed fee of $770. Contact us to arrange a time.

Disclaimer: The content of this article is intended to provide general information only and does not constitute specific legal advice. You should seek independent legal advice regarding your particular circumstances.

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