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Should A Tort Of Privacy Exist In Australia?

The law has had great difficulty in classifying and protecting each individual’s apparent rights to privacy. The courts have been faced with the difficult tasks of defining what privacy encompasses for each individual and then balancing this against the values of society. The common law has recently begun to develop through judgements handed down in such countries as the United States, United Kingdom and New Zealand, placing pressure upon Australian courts to follow their lead. Cases such as Lenah Game Meats v Australian Broadcasting Corporation and more recently Grosse v Purvis have expressed the Australian legal systems apparent desire to move forward in acknowledging an action for invasion of privacy. By legislating at a federal level, most suitably within the Privacy Act , a more consistent and structured cause of action can be put in place. By acknowledging the need to protect privacy rights, Australia will be coming into line with not only the rest of the common law......


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Approximate Word Count: 2472
Approximate Pages: 10 (250 words per double-spaced page)

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