ARTICLE · 28 NOVEMBER 2016

Spam claim canned: no right to sue

Broadley Rees Hogan Lawyers

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The Privacy Act and the Spam Act do not give rise to personal actions for damages from a contravention of those Acts.

AustraliaLitigation, Mediation & Arbitration

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The Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth) do not give rise to personal actions for damages flowing from a contravention of the provisions of those Acts. What they do provide is for an aggrieved person to lodge a complaint with a government body that can investigate the complaints, and in some instances seek compensation for the complainant.

This proposition was recently confirmed by Judge Vasta in the Federal Circuit Court of Australia in Curtis Poyton v Retailworld Resourcing Australia Partnership Limited (Case No. BRG73/2016) and later by Justice Logan in the Federal Court of Australia in Poyton v Retailworld Resourcing Australia Limited Partnership [2016] FCA 494

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