Damages for mental distress (including humiliation, embarrassment and wounded feelings) not amounting to recognised psychiatric illness are recoverable for breach of confidence under s 38 of the Supreme Court Act 1986 (Vic), awarded in lieu of an injunction. Aggravated damages are also available where the breach was deliberate. The question whether the Wilkinson v Downton tort should be expanded to cover intentionally caused mental distress was left open by the majority but endorsed by Maxwell P. The question whether a tort of invasion of privacy exists in Australian law was also left open. Domestic violence making homemaker and parent contributions more arduous is a relevant factor in property adjustment under Part IX of the Property Law Act 1958 (Vic), but care must be taken to avoid double compensation where assault damages are also awarded.
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