Cyberlaw and internet law applies established legal rules to online activity. In Australia it spans privacy and data protection under the Privacy Act 1988 (Cth) and the Australian Privacy Principles, the notifiable data breaches scheme, online defamation under the Defamation Act 2005 (NSW), harmful online content and image-based abuse regulated by the eSafety Commissioner under the Online Safety Act 2021 (Cth), spam, domain name disputes, e-commerce terms, and computer offences in the Crimes Act 1900 (NSW) and the Criminal Code Act 1995 (Cth).
Which forum applies
Defamation proceedings are brought in the Supreme Court or the District Court of New South Wales, and the 2021 reforms introduced a serious harm threshold. Federal privacy and consumer matters can be heard in the Federal Court of Australia or the Federal Circuit and Family Court of Australia, while privacy complaints go first to the Office of the Australian Information Commissioner. Complaints about public sector agencies' handling of personal information under NSW law are reviewed by NCAT. Cybercrime charges are heard in the Local Court, District Court or Supreme Court like other criminal matters. Disputes over .au domain names use the auDA complaint process.
Legal aid and free resources
Legal Aid NSW does not usually assist with defamation or privacy claims, but it does fund some criminal matters involving online conduct. The eSafety Commissioner takes complaints about serious online abuse at no cost, and the Australian Cyber Security Centre publishes guidance on responding to scams and data breaches.
What to bring to a first meeting
- Screenshots showing dates and web addresses
- The relevant website terms, privacy policy or contract
- Correspondence with the platform, hosting provider or other party
- Details of any loss, such as lost sales or reputational impact
Verifying a practitioner
Solicitors must hold a current practising certificate, searchable on the Law Society of NSW register. Barristers are listed by the NSW Bar Association.
The practitioners below serve clients in the Sydney CBD, Parramatta and Western Sydney, the North Shore, the Eastern Suburbs, the Inner West, the South West, Sutherland, the Hills District and the Northern Beaches, with many also advising remotely.
The listings below are alphabetical and are not ranked.
Common questions
Can someone be sued for what they post online?
Yes. A publication that identifies a person and causes, or is likely to cause, serious harm to their reputation can be defamatory, and the Defamation Act 2005 (NSW) sets out the defences, such as truth and honest opinion. Anyone who participates in publication can potentially be named, though court outcomes depend on the facts.
What is a notifiable data breach?
Under the Privacy Act 1988, organisations covered by the Act must notify affected individuals and the Office of the Australian Information Commissioner when a data breach is likely to result in serious harm. Whether an organisation is covered depends on factors such as its annual turnover and the kind of information it holds.
Is hacking a crime in New South Wales?
Yes. Unauthorised access to or modification of computer data is an offence under Part 6 of the Crimes Act 1900 (NSW), and the Criminal Code Act 1995 (Cth) contains separate federal computer offences. Penalties depend on the offence and the intent involved, and matters are heard in the Local Court, District Court or Supreme Court.
Cyberlaw & Internet lawyers by suburb
Eastern Suburbs
Bellevue Hill, Ben Buckler, Bondi, Bondi Beach, Bondi Junction, Bondi Junction Plaza, Bronte, Centennial Park, Charing Cross, Clovelly, Clovelly West, Coogee, Daceyville, Darling Point, Diamond Bay, Double Bay, Dover Heights, Edgecliff, Hmas Rushcutters, Hmas Watson, Kensington, Kingsford, Maroubra, Maroubra South, Moore Park, North Bondi, Paddington, Pagewood, Point Piper, Queens Park, Randwick, Rose Bay, Rose Bay North, South Coogee, St Pauls, Tamarama, Vaucluse, Watsons Bay, Waverley, Woollahra
Inner West
Annandale, Balmain, Balmain East, Birchgrove, Drummoyne, Leichhardt, Lilyfield, Rozelle, Stanmore, Westgate
North Shore
Artarmon, Cammeray, Castlecrag, Cremorne, Cremorne Junction, Cremorne Point, Crows Nest, Gore Hill, Greenwich, Hmas Platypus, Hmas Waterhen, Kirribilli, Kurraba Point, Lane Cove, Lane Cove North, Lane Cove West, Lavender Bay, Linley Point, Longueville, McMahons Point, Middle Cove, Milsons Point, Mosman, Naremburn, Neutral Bay, Neutral Bay Junction, North Sydney Shoppingworld, North Willoughby, Northbridge, Northwood, Osborne Park, Riverview, Royal North Shore Hospital, Spit Junction, St Leonards, Waverton, Willoughby, Willoughby East, Willoughby North, Wollstonecraft
Northern Beaches
Balgowlah, Balgowlah Heights, Clontarf, Curl Curl, Fairlight, Freshwater, Harbord, Manly, Manly East, Manly Vale, North Balgowlah, Queenscliff, Seaforth
Sydney CBD and Inner South
Alexandria, Barangaroo, Beaconsfield, Broadway, Camperdown, Chippendale, Darling Harbour, Darling Island, Darlinghurst, Darlington, Dawes Point, Eastlakes, Elizabeth Bay, Enmore, Erskineville, Eveleigh, Forest Lodge, Glebe, Golden Grove, Haymarket, Hmas Kuttabul, Kings Cross, Millers Point, Missenden Road, Newtown, Parliament House, Potts Point, Pyrmont, Redfern, Rosebery, Rushcutters Bay, Surry Hills, Sydney, Sydney South, Taylor Square, The Rocks, The University Of Sydney, Ultimo, Waterloo, Woolloomooloo, Zetland