Trade Practices Act (now Consumer Code) is a very effective provision but one that is drawn in brief and general terms.  It has been subject to significant review and development over time.  It is now a very important part of consumer protection and commercial law. Michael Rivette : They'd still do that under statutory course of action. See, I've really waxed and waned with this whole issue of a statutory tort, because quite frankly, you know, with what we have now, as an experienced litigator, Bit of a plug eh... I can actually either stop or seek damages or equitable compensations for most breaches of what is fundamentally privacy. Of course it's couched in terms of either breach of confidence or under one of the consumer protection laws, or under trespass, or under the Surveillance Act. It may be couched under different terms, but I can clearly protect it now. What hasn't been decided is how the balance of freedom of expression actually arises. I don't completely agree with that proposition.  While the breach of confidence for misuse of private information is available and with Giller v Procopets , sustainable it is still a more difficult claim to frame than the UK claims.  Relying on trespass and consumer protection laws involves a sometime artificial construct which is less efficient that pleading a cause of action that deals with the right to be protected, that of privacy.  The Australian courts at a superior court level are far less amenable to stretching