New Statutory Privacy Tort in Australia: Principles, Application and Practice

Privacy law in Australia has entered a new era. With the introduction of a statutory tort for serious invasions of privacy in June 2025, legal practitioners must now navigate an emerging cause of action that reshapes risk, liability, and litigation strategy. This course provides a practical and analytical examination of the new tort—breaking down its core elements, exploring how courts may draw on comparative jurisdictions, and assessing available defences and carve-outs. Through discussion of early judicial consideration and realistic scenarios, participants will gain critical insight into how this evolving area of law may apply in practice.

Key Topics Discussed:

• Introduction of the new statutory serious invasion of privacy tort in Australia
• The structural framework of the new tort and the elements required for a cause of action
• Defining the two main categories of invasion: intrusion upon seclusion and misuse of private information
• The legal tests for a "reasonable expectation of privacy" and what constitutes a "serious" invasion
• The public interest balancing test required under the new legislation
• Available defenses, exemptions, and legal remedies
• Interactions with emerging technologies, automated systems, data breaches, and corporate privacy liability