Abolition of common law actions
4.55 The Terms of Reference ask whether, in the event that the statutory action were enacted, any common law actions should be abolished. Such a provision may be unnecessary, depending on common law developments at the time of enactment.4.56 There is no case for abolishing the equitable action for breach of confidence in its entirety, …
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Read moreExisting common law causes of action
3.34 There are a number of existing causes of action at common law which can, in some cases, be used to protect privacy or have the effect of protecting personal privacy.[51] These causes of action protect against physical intrusions upon a person, surveillance of a person, and against unauthorised disclosure of private information.Physical intrusions3.35 Trespass …
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Read moreA common law action for breach of privacy in Australia?
3.53 A common law tort for invasion of privacy has not yet developed in Australia, despite the High Court leaving open the possibility of such a development in Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd in 2001.[99] A tort of invasion of privacy has been recognised by two lower court decisions: Grosse v …
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Read moreAbolition of common law actions
4.38 The Terms of Reference ask whether, in the event that the statutory action is enacted, any common law actions should be abolished. Such a provision may be unnecessary, depending on common law developments at the time of enactment. However, such a provision would create certainty.4.39 There is no case for abolishing the equitable action …
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Read moreA common law action for breach of privacy in Australia?
3.52 A common law tort for invasion of privacy has not yet developed in Australia, despite the High Court leaving open the possibility of such a development in Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd in 2001.[84] A tort of invasion of privacy has been recognised by two lower court decisions: Grosse v …
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Read moreExisting common law causes of action
3.32 There are a number of existing causes of action at common law which can, in some cases, be used to protect privacy or have the effect of protecting personal privacy.[48] These causes of action protect against physical intrusions upon, and surveillance of, a person and against unauthorised disclosure of private information.Physical intrusions3.33 Trespass to …
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Read more34. Hunting, Fishing and Gathering Rights: Legislation or Common Law?
894. The Relevance of Common Law Arguments. It has sometimes been argued that Aboriginal hunting and fishing rights exist at common law — that is, independently of any legislative or executive action. If so, it would follow that such rights continue to exist until abrogated by legislation (either expressly or by necessary implication). In certain …
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Read more5. Recognition of Aboriginal Customary Laws at Common Law: The Settled Colony Debate
60. An Issue of Continuing Relevance. One way, it has been argued, in which a degree of recognition of Aboriginal customary laws may be achieved is through the application — or reapplication — of common law rules for the recognition of custom. The argument usually centres on the question whether it is correct to classify …
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Read moreRecognition of Custom at Common Law
61. The Recognition of Native Customs under the Common Law. Quite apart from the dichotomy between ‘settled’ and ‘conquered’ colonies, the common law itself has at least potentially the capacity to recognise some customary rights or titles. This could occur in two distinct ways. The common law rules for recognition of custom, if received in …
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Read moreCommon law warnings
18.70 While it is beyond the scope of the present Inquiry to conduct a comprehensive analysis of common law warnings, submissions and consultations indicate that there are two aspects of the common law which are causing significant concern and warrant attention in the present Inquiry. The first relates to the Longman and Crofts warnings which …
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