The recent County Court of Victoria decision, Lynn Waller (A Pseudonym) v Romy Barrett (A Pseudonym) [2024] VCC 962, suggests the existence of an Australian common law cause of action for invasion of privacy.
The trial judge assessed that the right to privacy is a value distinct to the right to keep information confidential. As a result, she considered that privacy requires separate protection to breach of confidence claims. This brings Australia closer to the accepted position in the UK, US, Canada, and New Zealand.