Intellectual Property Law
Order Description
The essay question is below.
What impact should technological developments have on the evolution of the equitable doctrine of breach of confidence in Australia?
Critically discuss this question in relation to the development of case law in Australia AND the ALRC’s Report on Serious Invasions of Privacy in the Digital Era.
My instructions are below:
Please discuss and answer this question critically ie both sides (various solutions ie whether to expand the tort or introduce legislation) before reaching the conclusion.
As well as established Australian cases, recent cases such as Giller v Procopets [2008] VSCA 236 and Wilson v Ferguson[2015] WASC 15 among any others should be discussed.
The ALRC report can be found here. https://www.alrc.gov.au/sites/default/files/pdfs/publications/final_report_123_whole_report.pdf
Please at some stage make reference to Trabsky, Marc; Thomas, Julian and Richardson, Megan. The faulty door of cyberspace and implications for privacy law [online]. Law in Context, Vol. 29, No. 1, 2013: 13-25.
The word limit is 2750 (leeway of 10%)
A minimum on 20 academic or professional sources (journal articles, books, legislative reports) is required (in the footnotes). No Newspaper articles or blogs. The referencing format required is the Australian Guide to Legal Citation. (AGCL).