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Australia's new statutory tort for serious invasions of privacy, which commenced in June 2025, is being tested against emerging AI-powered smart glasses technology that can record audio and video discreetly. As these devices become more sophisticated and less detectable, questions arise about whether current privacy laws adequately protect individuals from covert surveillance and data collection in both public and private settings.

Claims for damages for breaches of section 52 of the Trade Practices Act can now be reduced because the claimant carelessly relied upon a misrepresentation or otherwise contributed to the loss.