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Privacy Lawyer Brisbane

Queensland has the weakest surveillance laws in Australia. The new Commonwealth tort changes that.

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The Statutory Tort for Serious Invasion of Privacy Now Applies in Brisbane

If you are looking to hire a privacy lawyer in Brisbane, laws governing privacy in Queensland have changed. Since 10 June 2025, individuals in Queensland have had access to the statutory tort for serious invasion of privacy under Schedule 2 of the Privacy Act 1988 (Cth). This is a Commonwealth cause of action, heard in the Federal Court of Australia or the Federal Circuit and Family Court. It provides a civil remedy for serious, intentional or reckless invasions of privacy, covering both intrusion upon seclusion (surveillance, tracking, physical intrusion) and misuse of personal information (doxxing, disclosure of private health, financial, or intimate information).

For Queensland residents, this law is particularly significant. The state's Invasion of Privacy Act 1971 covers listening devices only. It contains no regulation of cameras, GPS trackers, data surveillance, or the publication of private information. Until the Commonwealth tort commenced, Queenslanders had no general civil remedy for these forms of privacy invasion. That gap is now closed.

Sutton Laurence King Lawyers acts for individuals bringing claims and for defendants responding to them. We appear in the Federal Court's Brisbane registry and offer fixed fee entry points for initial assessments and pre-action correspondence.

The clock is ticking. You may have as little as 12 months to act. The statutory tort imposes a limitation period of one year from the date you became aware of the invasion, or three years from the date of occurrence, whichever is earlier. If you believe your privacy has been seriously invaded, do not delay. Read more about time limits.

Confidential Initial Assessment: $770 Fixed Fee

A structured review of your situation against the elements of the statutory tort. You will receive a clear written opinion on whether you have a viable claim or a sound defence.

Why the Commonwealth Tort Matters in Queensland

Queensland's state legislation leaves critical privacy gaps. The new federal law fills them.

Comparison showing evolution of surveillance technology since Queensland's 1971 privacy laws

Queensland's 1971 Act: A Law from a Different Era

<p>Queensland's Invasion of Privacy Act 1971 regulates listening devices. That is all. It does not cover optical surveillance (cameras), GPS or Bluetooth tracking devices, data surveillance, or the publication of private information. If your neighbour points a CCTV camera directly into your bedroom, that conduct is not captured by Queensland state law. If your former partner installs a tracker on your vehicle, the 1971 Act does not apply. By contrast, the statutory tort for serious invasion of privacy under Commonwealth law covers all of these scenarios. The law allows individuals to bring claims against any person, corporation, or government body, and it does not require proof of financial loss. For Queensland residents, this is the most significant expansion of privacy rights in decades.</p><p><a href='/what-is-the-new-invasion-of-privacy-law-in-australia'>Learn more about the new law</a>.</p>

Federal Court of Australia Brisbane registry building

Federal Court, Brisbane Registry

<p>The statutory tort is a Commonwealth cause of action. Claims are brought in the Federal Court of Australia or the Federal Circuit and Family Court. The Federal Court maintains a registry in Brisbane at the Harry Gibbs Commonwealth Law Courts Building on North Quay. Sutton Laurence King Lawyers acts for plaintiffs and defendants in the Federal Court's Brisbane registry. Urgent injunction applications can be made on short notice, including outside ordinary business hours where the circumstances require it. We also handle matters in the Federal Court registries in Melbourne, Sydney, and other capitals as needed.</p><p><a href='/urgent-privacy-injunctions'>More about urgent privacy injunctions</a>.</p>

Urgent privacy injunction documents being prepared in Brisbane law office

Urgent Relief for Ongoing Invasions

<p>Many of the matters we see involve ongoing conduct: a camera that is still recording, a tracker that is still transmitting, intimate images that are still online. Where the invasion is continuing or imminent, the court may grant an injunction ordering the defendant to stop. This is often the most important step, because damages after the fact cannot undo the harm of continued surveillance or publication. We are structured to prepare and file urgent injunction applications quickly. For Brisbane clients, applications are made to the Federal Court's duty judge in the Brisbane registry.</p><p><a href='/how-to-get-an-urgent-privacy-injunction'>How urgent injunctions work</a>.</p>

Common Privacy Invasion Scenarios in Brisbane and Queensland

Neighbour Surveillance

Disputes involving CCTV cameras directed at neighbouring properties are among the most common privacy complaints in South East Queensland. Dense suburban developments, townhouse complexes, and apartment buildings create proximity that makes surveillance disputes almost inevitable. Under Queensland law, there is no criminal offence for pointing a camera at your neighbour's property. The Invasion of Privacy Act 1971 simply does not cover optical surveillance. The Commonwealth statutory tort now provides a civil remedy. If a neighbour's camera captures private activities on your property, and the conduct was intentional or reckless, you may have a claim for intrusion upon seclusion. The court will weigh the seriousness of the intrusion, the extent of the privacy interference, and whether the defendant had a legitimate purpose (such as security). Read more about neighbour camera disputes.

Tracking and Location Surveillance

The use of GPS trackers, AirTags, and phone location sharing to monitor another person's movements is a growing concern, particularly in the context of relationship breakdowns. Queensland state law does not regulate tracking devices in the civilian context. The Commonwealth tort covers this directly as a form of intrusion upon seclusion. If your former partner, a family member, or any other person has placed a tracking device on your vehicle or is monitoring your phone location without your consent, the statutory tort provides a cause of action. More about phone and location tracking.

Intimate Images and Doxxing

The non-consensual sharing of intimate images and the publication of personal identifying information (doxxing) fall squarely within the misuse of personal information pathway of the statutory tort. Truth is not a defence. The information does not need to be false. What matters is whether it was private and whether the publication was intentional or reckless. While Queensland laws may provide for criminal offences regarding the non-consensual sharing of intimate images, these are prosecuted by police. They do not provide a civil remedy or compensation to the victim. The statutory tort does. Damages for non-economic loss are capped at approximately $478,550, and exemplary damages may be awarded in exceptional cases. Read more about intimate image and doxxing claims.

Workplace Monitoring

Employers in Queensland who monitor employee emails, internet usage, phone calls, or physical movements should be aware that the statutory tort applies to the handling of employee records. This is a significant departure from the Australian Privacy Principles, which contain an employee records exemption. Monitoring that is disclosed, proportionate, and conducted for a legitimate business purpose may be defended on grounds of implied consent or because no reasonable expectation of privacy existed in the circumstances. However, covert monitoring without notice or justification is likely to meet the threshold for a serious invasion of privacy. More about employer monitoring claims.

The OAIC Alternative

The Office of the Australian Information Commissioner (OAIC) provides a free complaint pathway that does not require a lawyer. However, OAIC complaints only apply to APP entities (generally organisations with annual turnover above $3 million, or health service providers). The OAIC cannot accept complaints against individuals, most small businesses, or entities that are not covered by the Australian Privacy Principles. The statutory tort has no such limitation. The law allows individuals to bring claims against any person, corporation, or government body. For a detailed comparison, see OAIC complaint vs court proceedings.

Pre-Action Demand Letter: $990 Fixed Fee

A formal letter to the person or entity responsible, setting out the legal position and demanding that the conduct cease. Many matters resolve at this stage without court proceedings.

How We Act for Brisbane Clients

Plaintiff and defendant representation in the Federal Court, Brisbane registry.

Confidential Initial Assessments

A fixed fee review ($770) of your matter against the elements of the statutory tort. You receive a written opinion on prospects and recommended next steps.

Pre-Action Correspondence

A formal demand letter ($990 fixed fee) putting the other party on notice. This step is often sufficient to stop ongoing conduct or commence settlement discussions.

Urgent Injunction Applications

Where the invasion is ongoing or publication is imminent, we prepare and file injunction applications in the Federal Court's Brisbane registry on short notice.

Damages Claims

Full court representation for compensation claims. Non-economic loss is capped at approximately $478,550. No proof of financial loss is required.

Defendant Representation

We act for individuals, employers, businesses, and other defendants facing claims. This includes raising statutory defences, seeking pre-trial exemption determinations, and resisting injunctions.

Settlement and Resolution

Many claims resolve through negotiation. An apology by a defendant does not constitute an admission of fault or liability under the legislation, which provides flexibility in settlement.

Frequently Asked Questions: Privacy Lawyer Brisbane

No. The statutory tort is a Commonwealth cause of action heard in the Federal Court or the Federal Circuit and Family Court. Your solicitor does not need to be based in Brisbane. Sutton Laurence King Lawyers is based in Melbourne and acts for clients across Australia, including in the Federal Court's Brisbane registry. Appearances can be made in person or by video link. We communicate with Brisbane clients by phone, video conference, and secure email.

Under Queensland state law, no. The Invasion of Privacy Act 1971 covers listening devices only. It does not regulate optical surveillance. There is no state criminal offence for directing a camera at a neighbouring property. However, since 10 June 2025, the Commonwealth statutory tort for serious invasion of privacy provides a civil remedy for this conduct if it is intentional or reckless and meets the seriousness threshold. This is a claim for compensation and injunctive relief, not a criminal prosecution. See our detailed page on neighbour camera disputes.

If someone has placed a GPS tracker or similar device on your vehicle or is monitoring your phone location without your consent, and the conduct was intentional or reckless, the statutory tort may provide a cause of action. Queensland has no state legislation regulating civilian tracking devices. The Commonwealth tort fills this gap. Claims are brought in the Federal Court. You do not need to prove financial loss. The tort is actionable per se, meaning the invasion of privacy itself is sufficient. See tracking claims for more information.

The OAIC (Office of the Australian Information Commissioner) accepts complaints against APP entities, which are generally organisations with annual turnover above $3 million and certain other bodies. The OAIC process is free and does not require a lawyer. However, it does not cover complaints against individuals, most small businesses, or entities that are not APP entities. It also does not award damages or grant injunctions. The statutory tort under Schedule 2 allows individuals to bring a claim against any person, corporation, or government body, in court, with access to damages (capped at approximately $478,550 for non-economic loss) and injunctive relief. See our comparison page.

We offer fixed fee entry points: $770 for a confidential initial assessment and $990 for a pre-action demand letter. Many matters resolve after a demand letter without the need for court proceedings. If litigation is required, costs depend on the complexity of the matter. We provide cost estimates at the assessment stage. The statutory tort does not require proof of financial loss, so the question of compensation is separate from the question of costs.

Yes. We act for defendants as well as plaintiffs. The statutory tort includes a range of defences (consent, lawful authority, necessity, defence of persons or property, and certain defamation-related defences) and exemptions (including for journalists, government agencies, law enforcement bodies, and persons under 18). Exemptions can be determined before trial on application, which may resolve the matter without the cost of a full hearing. If you have been served with a claim or an urgent injunction application, early legal advice is important. See our contact page to arrange an assessment.

It can. Where private information is published and the publication also damages the subject's reputation, both the statutory tort and a defamation claim may be available. 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 statutory tort. Our practice also covers defamation law. For matters involving overlapping claims, see invasion of privacy vs defamation or visit defamationlawyer.au.

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 of occurrence, whichever expires earlier. The court may extend the period to a maximum of six years in certain circumstances. These time limits are strict. If you believe your privacy has been seriously invaded, obtain advice promptly. See time limits for privacy tort claims.

The Clock Is Ticking. You May Have as Little as 12 Months to Act.

If you are in Brisbane or anywhere in Queensland and believe your privacy has been seriously invaded, contact us for a confidential assessment. We act for plaintiffs and defendants.

Disclaimer: The content of this article is intended to provide general information only and does not constitute specific legal advice.

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