A new chapter in Australian privacy law

Excerpt from NSW Crown Solicitors Office on linkedin

The decision in Kurraba Group Pty Ltd & Anor v Williams [2025] NSWDC 396 is the first published application of the statutory tort for serious invasions of privacy, which was introduced under the Privacy Act 1988 (Cth) in June 2025.

It opens a new chapter in Australian privacy law.

The proceedings were heard on an urgent basis without the defendant present. Her Honour Gibson DCJ found the defendant had ‘misused’ private wedding photographs of the plaintiff without consent, in a manner intended to damage reputation, as part of a campaign of extortion against the plaintiff.

The Court held that there were serious questions to be tried in relation to causes of action for the torts of intimidation and defamation, and the statutory tort of invasion of privacy.

Gibson DCJ made orders – including urgent injunctions – to remove online content and to restrain further publication.

One of the injunctions extended to a one star Google review to be removed in two (2) days.

Read the full judgment here: https://lnkd.in/gF2MSxzY