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Privacy Lawyer for Perth Clients

Federal Court jurisdiction. No geographic limitation. Acting for individuals across Western Australia under the statutory tort for serious invasion of privacy.

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“I had Jackson look after my personal situation that required a firm fair hand to resolve.”
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“Cale and Blaine at SLK Lawyers expertly guided a complex commercial matter from start to finish.”
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“Jackson at SKL Lawyers settled a defamation case for us promptly and was very informative along the way.”
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“SLK were a pleasure to deal with and acted with a high degree of professionalism and urgency.”
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Invasion of Privacy Lawyer Serving Perth and Western Australia

Sutton Laurence King Lawyers acts for individuals in Perth and across Western Australia who have experienced a serious invasion of their privacy. The statutory tort for serious invasion of privacy commenced on 10 June 2025 under Schedule 2 of the Privacy Act 1988 (Cth). It is federal legislation, enforced through the Federal Court of Australia or the Federal Circuit and Family Court. There is no requirement that your solicitor hold a practising certificate in Western Australia or maintain offices in Perth.

This means you can hire a privacy solicitor with direct experience in this area of law, regardless of where that solicitor is based. SLK Lawyers operates a national practice focused entirely on the statutory tort. We conduct matters remotely through secure video conferencing, encrypted communications, and electronic filing. Court appearances in the Federal Court can be conducted by video link. For Perth clients, the practical experience is no different from instructing a local firm.

If you are searching for an invasion of privacy lawyer in Perth, the key question is not geography. It is whether the firm understands the legislation, can move quickly when urgency demands it, and has the litigation experience to see the matter through. The clock is ticking. You may have as little as 12 months to act.

Confidential Initial Assessment: $770 Fixed Fee

A detailed written assessment of your privacy claim, the available remedies, and the recommended course of action. No ongoing obligation.

How We Act for Perth Clients

Federal jurisdiction removes geographic barriers. Here is what that looks like in practice.

Urgent legal injunction services

Urgent Privacy Injunctions

When an invasion of privacy is ongoing or publication is imminent, an urgent injunction may be the only effective remedy. Applications can be filed in the Federal Court and heard by video link. SLK Lawyers has the capacity to prepare and file urgent applications outside ordinary business hours. For Perth clients, the three-hour time difference with Melbourne can work in your favour: instructions received at the end of your business day allow preparation to continue into the evening on the east coast.

Confidential legal assessment consultation

Confidential Assessment and Pre-Action Steps

Every matter begins with a confidential initial assessment. We review the facts, identify whether the conduct meets the seriousness threshold under clause 7 of Schedule 2, and advise on the strength of your claim. If the matter proceeds, the next step is often a pre-action demand letter. This is a formal letter to the person or entity responsible, setting out the alleged invasion, the legal basis for the claim, and the relief sought. Many matters resolve at this stage without court proceedings.

Federal Court legal representation

Federal Court Representation

If proceedings are necessary, SLK Lawyers provides full representation in the Federal Court. Claims for compensation and damages under the statutory tort are heard in federal jurisdiction regardless of where the plaintiff or defendant is located. Perth clients are not disadvantaged. Directions hearings, case management conferences, and interlocutory applications are routinely conducted by video link. If an in-person hearing is required in the Perth registry, we can arrange attendance or brief local counsel as needed.

Why the Statutory Tort Matters for Western Australians

The Gap in Western Australian Law

Before 10 June 2025, Western Australia had no general civil remedy for invasion of privacy. The Surveillance Devices Act 1998 (WA) creates criminal offences for the use of listening devices, optical surveillance devices, and tracking devices without consent. But a criminal offence is not a civil remedy. A person whose privacy was invaded could report the matter to police, but could not bring a court action for compensation in their own right. The statutory tort for serious invasion of privacy under Schedule 2 of the Privacy Act changes this. For the first time, individuals in Perth and across Western Australia have a direct right of action in the Federal Court.

Two Pathways: Intrusion and Misuse

The tort covers two distinct forms of invasion. The first is intrusion upon seclusion: conduct such as surveillance, recording, tracking, eavesdropping, or physical intrusion into a person's private space. The second is misuse of personal information: the collection, use, or disclosure of private information such as health records, financial details, intimate images, or personal correspondence. Both pathways require the invasion to be intentional or reckless. Negligent or accidental privacy breaches are not actionable under the tort.

Common Scenarios in Perth

The types of privacy invasions we see are consistent across Australian cities. In Perth, common fact patterns include neighbours directing CCTV cameras at private areas of adjoining properties, ex-partners installing tracking software on phones or vehicles, employers conducting covert monitoring of employee communications, and the publication of private information on social media or community forums. The statutory tort provides a civil remedy in each of these scenarios, provided the seriousness threshold is met.

No Proof of Damage Required

One of the main features of the statutory tort is that it is actionable without proof of damage. A plaintiff does not need to demonstrate financial loss. The invasion itself is the wrong. This distinguishes the tort from most other causes of action and makes it particularly relevant where the harm is emotional, reputational, or relates to dignity and autonomy. The court may award compensation for non-economic loss capped at the greater of $478,550 or the maximum amount of damages for non-economic loss in defamation proceedings, and exemplary damages in cases of serious or flagrant misconduct.

Truth Is Not a Defence

Unlike defamation claims, the statutory tort does not allow a defence of truth. If someone publishes your private medical records, financial information, or intimate images, it does not matter that the information is accurate. The wrong is the invasion of privacy, not the falsity of the publication. Where the same conduct gives rise to both a privacy claim and a defamation claim, the two causes of action may be pursued together. We regularly advise on the intersection between defamation and privacy law.

Limitation Periods

The statutory tort imposes strict limitation periods. A claim must be commenced within one year from the date the plaintiff became aware of the invasion, or three years from the date of the invasion, whichever is earlier. Extensions are available in limited circumstances, to a maximum of six years. If you believe your privacy has been seriously invaded, prompt legal advice is important.

Fixed-Fee Entry Points for Perth Clients

Confidential initial assessment: $770. Pre-action demand letter: $990. No surprises. No retainers required at the outset.

What Perth Clients Should Know

Key features of the statutory tort and our service model.

Federal Jurisdiction

The statutory tort is Commonwealth legislation. Claims are heard in the Federal Court or Federal Circuit and Family Court. Your solicitor does not need to be based in Perth.

Fully Remote Service

Instructions, advice, and court appearances are conducted by secure video link and encrypted communications. Court filings are electronic.

Urgent After-Hours Capacity

Where an invasion is ongoing or publication is imminent, we can prepare urgent injunction applications outside business hours. The time zone difference between Perth and Melbourne extends the effective working day.

No Proof of Loss Required

The tort is actionable per se. You do not need to prove financial loss. The invasion itself is the legal wrong.

Both Plaintiffs and Defendants

We act for individuals bringing claims and for individuals, businesses, and organisations defending them. The same knowledge of the legislation applies on both sides.

Strict Time Limits Apply

You may have as little as 12 months from the date you became aware of the invasion. Early advice protects your position and preserves your options.

Frequently Asked Questions: Privacy Solicitor for Perth

No. The statutory tort for serious invasion of privacy is Commonwealth legislation. Claims are brought in the Federal Court of Australia or the Federal Circuit and Family Court, both of which operate nationally. There is no requirement that your solicitor be admitted or based in Western Australia. SLK Lawyers holds practising certificates that allow us to act in federal courts on behalf of clients anywhere in Australia, including Perth.

All consultations are conducted by secure video conference. Court filings are made electronically through the Federal Court's eLodgment system. Directions hearings, case management conferences, and most interlocutory hearings (including urgent injunction applications) are routinely conducted by video link. If an in-person hearing is required in the Perth registry of the Federal Court, we will arrange attendance directly or brief experienced local counsel.

The statutory tort covers intrusion upon seclusion, which includes surveillance directed at private areas of your property. The key question is whether the conduct meets the seriousness threshold under clause 7 of Schedule 2 and whether it was intentional or reckless. The Surveillance Devices Act 1998 (WA) may also create a criminal offence depending on the type of device, but it does not provide a civil remedy. The Commonwealth statutory tort fills that gap. See our page on neighbour cameras and the new privacy law for more detail.

The court may award damages for non-economic loss (distress, humiliation, loss of dignity) capped at the greater of $478,550 or the maximum amount of damages for non-economic loss in defamation proceedings. Exemplary damages may be awarded in addition in cases involving particularly serious or flagrant conduct. Importantly, you do not need to prove financial loss. The tort is actionable per se. The court may also grant injunctions to restrain ongoing or threatened invasions, order the deletion of material, and make other orders as appropriate. See our page on compensation and damages.

They are separate processes that serve different purposes. Reporting to police may result in criminal charges under the Surveillance Devices Act 1998 (WA) or other legislation. A civil claim under the statutory tort is a court action brought by you, the individual whose privacy was invaded, seeking compensation and injunctive relief. You do not need to wait for a police investigation to conclude before commencing civil proceedings, and a criminal conviction is not a prerequisite for a successful civil claim.

Yes. The OAIC complaint pathway is free and does not require a lawyer. However, it only covers entities regulated by the Australian Privacy Principles, which excludes individuals, most small businesses, and many other potential defendants. The OAIC cannot award damages in the same way as a court; it makes declarations for compensation that must be enforced through a court. The OAIC does not provide injunctive relief, and the process is typically slow. For serious invasions of privacy, particularly where urgency is involved or the defendant is not an APP entity, the statutory tort is the stronger avenue.

SLK Lawyers also acts for defendants. If you have been served with proceedings or an urgent injunction application under the statutory tort, prompt legal advice is important. Depending on the circumstances, it may be possible to seek a pre-trial determination that you are exempt under Part 3 of Schedule 2 (for example, if you are a journalist, law enforcement body, or government agency acting in good faith). Statutory defences including lawful authority, consent, necessity, and defence of persons or property are raised at trial. We can advise on the best strategy for your circumstances.

We do not commit to specific timeframes, because urgency depends on the facts and the court's availability. What we can say is that we have the capacity to receive instructions, prepare urgent applications, and file them outside ordinary business hours. The Federal Court has procedures for urgent applications, including the duty judge system. If you are facing an imminent threat to your privacy, contact us as soon as possible through our enquiry form or by telephone.

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

If you are in Perth or anywhere in Western Australia and believe your privacy has been seriously invaded, contact SLK Lawyers for a confidential assessment. General information only. Not legal advice.

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