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Consultation Paper 1 (2007) - Invasion of privacy


List of proposals

Updates and background for this project (Digest)

PROPOSAL 1
      If a cause of action for invasion of privacy is enacted in New South Wales, the statute should identify its objects and purposes and contain a non-exhaustive list of the types of invasion that fall within it.
PROPOSAL 2
      The statute should provide that where the court finds that there has been an invasion of the plaintiff’s privacy, the Court may, in its discretion, grant any one or more of the following:
        • damages, including aggravated damages, but not exemplary damages;
        • an account of profits;
        • an injunction;
        • an order requiring the defendant to apologise to the plaintiff;
        • a correction order;
        • an order for the delivery up and destruction of material;
        • a declaration;
        • other remedies or orders that the Court thinks appropriate in the circumstances.




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