Lleyton trys for straight sets victory on privacy……. C’MON

February 7, 2006 |

That Australia does not have a right to privacy is an inexplicable gap in our law.  Who would have thought Lleyton Hewitt would want to remedy this situation.  The Sydney Morning Herald reports a fascinating test case in the Dowing Centre Local Court.  Even if he wins in a claim for invasion of privacy it sets no precedent if that is where matters end.  But if it goes on appeal and works its way to the Supreme Court then we might be seeing new law.  That is a long way off and there has been way too many false dawns in this area of law. 

And about time this issue was properly tested. The High Court skirted the issue in ABC v Lenah Meats but decided that wasn’t the case.  Its time for a common law right to privacy.  The legislature has been hopeless in protecting what most of the rest of the world regards as a fairly basic right.  At the moment any claim of invasion of privacy is prosecuted as a mixed trespass and nuisance claim. 


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