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Pre-Action Demand Letters for Serious Invasion of Privacy

A formal demand from a solicitor, on your behalf. Fixed fee of $990 inclusive of GST for a standard matter, following your confidential initial assessment.

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Why a Privacy Demand Letter Works

A well-drafted letter from a solicitor changes the situation. It puts the other party on formal notice that their conduct is actionable under the statutory tort for serious invasion of privacy, and it creates a clear record if the matter proceeds to court.

Fixed Fee, No Surprises

For a standard matter, the demand letter is $990 inclusive of GST. That covers the drafting and the sending, and follows on from your confidential initial assessment ($770). Where a matter is complex, contested, or involves more than one party, we quote the fee before we start. No hourly billing, no open-ended retainer.

Often Resolves the Matter

Many invasions of privacy stop once the person responsible understands they face a civil claim with damages of up to approximately $500,000. A formal letter makes that clear in terms they cannot ignore.

Strengthens Any Later Claim

If the conduct continues after a demand letter, the court may consider the defendant's refusal to stop as evidence of recklessness. It also demonstrates that you took reasonable steps before commencing proceedings.

Drawn from Defamation Law Principles

The statutory tort under Privacy Act Schedule 2 is based on defamation law. Our drafting draws on years of practice in pre-action correspondence, concerns notices, and offers to make amends under defamation legislation.

Fast Turnaround

We aim to send the letter promptly after receiving your instructions and the relevant material. Where the matter is urgent, we prioritise accordingly. The clock is ticking. You may have as little as 12 months to act.

A Record of the Invasion

The letter identifies the conduct, names the statutory tort, and sets out the remedy sought. It becomes a dated, formal record of the invasion and the defendant's knowledge of it. That record has value if the matter escalates.

How a Pre-Action Demand Letter Works

The process is straightforward. You do not need to have decided whether to commence court proceedings. A demand letter is a first step, not a commitment to litigation.

Lawyer reviewing privacy documents

What the Letter Contains

The privacy demand letter identifies you as the affected person (without disclosing more than necessary), describes the conduct that is the serious invasion of privacy, identifies whether the claim falls under intrusion upon seclusion or misuse of personal information (or both), references the relevant provisions of Schedule 2 of the Privacy Act 1988 (Cth), and sets out what you are asking the defendant to do. That may include ceasing surveillance, removing published material, deleting records, or providing undertakings not to repeat the conduct. Where appropriate, the letter may also indicate an application for an urgent privacy injunction if the conduct does not stop. It does not disclose your evidence in detail. It asserts enough to demonstrate that a strong claim exists, without revealing your full position.

Team discussing legal strategy

How We Draft It

Every demand letter begins with a confidential initial assessment ($770). That is where we take your instructions, review the key material, and identify the cause of action, the defendant, and the remedy. It also confirms whether a demand letter is the right next step, or whether an urgent injunction or proceedings should come first. The demand letter itself is a separate fixed fee of $990 for a standard matter. In defamation practice, a concerns notice under section 12A of the Defamation Act 2005 is a mandatory pre-action step. The statutory tort for serious invasion of privacy has no equivalent requirement. You are not obliged to send a demand letter before commencing proceedings. But doing so is almost always strategically sound. It demonstrates reasonableness, and it may prompt a resolution, including an apology. Under clause 13 of Schedule 2, an apology does not constitute an admission of fault or liability, which makes it easier for a defendant to offer one. Where the invasion also involves reputational harm, we may recommend a parallel concerns notice under defamation law. We work closely with our defamation practice at <a href='https://defamationlawyer.au'>defamationlawyer.au</a> where the two causes of action overlap.

Client consultation with solicitor

What Happens After It Is Sent

One of three things will happen. The defendant may comply, either fully or in part. They may respond through their own solicitor, opening a channel for pre-litigation settlement. Or they may ignore it. If the defendant complies, the matter may be resolved without court proceedings. If they engage through solicitors, there is scope for negotiated outcomes including undertakings, apologies, deletion of material, and in some cases agreed compensation. If the defendant ignores the letter or the conduct continues, you are in a stronger position to seek an urgent privacy injunction or commence a claim for civil privacy damages. The court will see that you gave the defendant a clear opportunity to stop. The letter itself, and the defendant's response or silence, become part of the evidentiary record. We will advise you on next steps based on the response. There is no obligation to proceed further if the letter achieves the result you need.

Confidential Initial Assessments

Confidential Initial Assessments

The confidential initial assessment ($770) is the first step for every matter. It tells you where you stand and what your options are, before you commit to a demand letter or anything further.

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Urgent Privacy Injunctions

Urgent Privacy Injunctions

If the invasion is ongoing or publication is imminent, a demand letter may not be enough. An injunction is a court order that compels the defendant to stop. We act quickly on these applications.

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Compensation and Damages Claims

Compensation and Damages Claims

Where the invasion has already occurred and cannot be undone, the statutory tort provides for damages of up to approximately $500,000 for non-economic loss, plus exemplary damages in appropriate cases.

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Surveillance and Recording Claims

Surveillance and Recording Claims

Covert recording, hidden cameras, GPS tracking, keystroke logging. The statutory tort covers intrusion upon seclusion across all forms of surveillance, filling gaps in state legislation.

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Misuse of Private Information

Misuse of Private Information

Health records, financial details, intimate images, private correspondence. If your personal information has been disclosed without your consent, the statutory tort provides a civil remedy.

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Intimate Images and Doxxing

Intimate Images and Doxxing

Non-consensual sharing of intimate images and publication of identifying personal details are among the most serious forms of privacy invasion the statutory tort was designed to address.

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The OAIC Complaint Pathway

For invasions of privacy involving 'APP entities' (such as large companies or government agencies), a free complaint pathway exists through the Office of the Australian Information Commissioner (OAIC).

Limitations of the OAIC

While the OAIC is a free service, it is generally restricted to APP entities and cannot award punitive or exemplary damages. The process can also be lengthy compared to court proceedings.

The Statutory Tort Advantage

The statutory tort for serious invasion of privacy provides a stronger avenue for individuals seeking significant compensation or urgent court-ordered injunctions to address serious breaches.

Frequently Asked Questions About Pre-Action Demand Letters

No. Unlike defamation law, which requires a concerns notice before proceedings can be filed, the statutory tort for serious invasion of privacy under Schedule 2 of the Privacy Act has no mandatory pre-action step. You may commence proceedings directly. However, a demand letter is almost always a sound strategic step. It gives the defendant an opportunity to stop the conduct, it demonstrates your reasonableness to the court, and it creates a formal record of the invasion and the defendant's response.

For a standard matter, the $990 fee covers the drafting of the demand letter and sending it to the defendant by email, post, or both. It is charged in addition to the confidential initial assessment ($770), which comes first and is where we take your instructions and review the key material. Where a matter is complex, contested, or involves more than one party, we will quote the fee for the letter before we start. The fee does not include follow-up correspondence if the defendant responds, negotiation of a settlement, or any court proceedings. Those are separate engagements with their own fee arrangements, which we will discuss with you if needed.

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.

That outcome is not uncommon. If the defendant does not respond or the conduct continues, the letter still serves an important purpose. It establishes that the defendant was put on notice that their conduct was actionable. It records the date on which notice was given. It may support an argument that the defendant acted recklessly from that point forward. And it demonstrates to the court that you attempted to resolve the matter before commencing proceedings. We will advise you on whether an urgent privacy injunction, a damages claim, or further correspondence is the appropriate next step.

You can. There is no legal requirement that the letter come from a solicitor. But a letter from a solicitor carries different weight. It signals that the claim has been assessed by a lawyer and that the person making the demand has the means and intention to follow through. In practice, a letter from a privacy lawyer in Australia is far more likely to produce a response than a letter from an individual acting alone.

This is a legitimate concern, and the answer depends on the circumstances. In most cases, a formal demand has a settling effect. The defendant realises that their conduct has legal consequences and that continued invasion will increase their exposure. In some situations, particularly involving volatile personal relationships, a direct legal demand may provoke an escalation. If that is a risk in your matter, we will discuss it with you and may recommend seeking an injunction instead of, or in addition to, a demand letter.

Many privacy invasions also involve damage to reputation. If someone publishes your private health records, for example, that may give rise to both a privacy claim (under Schedule 2) and a defamation claim. Truth is not a defence to the privacy tort, but it is a defence to defamation. The two causes of action have different elements, different defences, and different strategic considerations. Where both claims are available, we can draft the demand letter to address both, and we coordinate with our defamation practice at defamationlawyer.au. A concerns notice under defamation law is mandatory before defamation proceedings can be filed, so the timing and content of the correspondence matters.

That depends on how quickly we receive your instructions and the relevant material. We do not commit to specific timeframes, but we treat pre-action demand letters as urgent work. Where the invasion is ongoing, speed matters, and we act accordingly.

A concerns notice is a formal pre-action step required under defamation legislation before proceedings can be commenced. It has specific content requirements and triggers a statutory period during which the defendant may make an offer to make amends. The statutory tort for serious invasion of privacy has no equivalent mandatory notice. A pre-action demand letter under the privacy tort is a strategic choice, not a procedural requirement. However, the letter may serve a similar practical function: putting the defendant on notice, inviting a resolution, and creating a record of the claim. Where both privacy and defamation causes of action are available, we may send a combined letter addressing both.

The limitation period under the statutory tort is one year from the date you became aware of the invasion, or three years from the date it occurred, whichever expires first. The court has a discretion to extend to a maximum of six years. These periods are strict. A demand letter does not stop the clock. The clock is ticking. You may have as little as 12 months to act. If you are unsure when your time limit expires, read our guide to privacy tort time limits or contact us for an assessment.

Legal Disclaimer

All content on this website is provided as general information only and does not constitute specific legal advice. You should obtain professional legal advice tailored to your individual circumstances before taking any action.

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