Australia’s first privacy tort judgment may be of interest to NSW Government agencies.
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.
While this matter did not arise in a governmental context, the judgment reinforces that alleged misuse of confidential or personal information privacy breaches may lead to urgent litigation with interlocutory remedies.
NSW Government agencies handling personal and confidential information should be alert to the risks of misuse of that information and take steps to ensure that the information is properly protected.
Richard Kelly, Assistant Crown Solicitor
richard.kelly@cso.nsw.gov.au
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