VIC Resident Unit Car park area?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,939
820
2,894
Sydney
Depends.
Please ask us the question you actually want to ask.
 

TylerFrost

Active Member
8 September 2023
9
0
31
Depends.
Please ask us the question you actually want to ask.
That was the question I wanted to ask but I suspect you're asking for more context?
Ok, so in a situation where a tenant is being filmed by another tenant of a unit block and no consent was given (on a mobile phone device), can the person doing the filming legally proceed to film and is the car parking space of that block of unites considered a private space. I believe, in this context, whether or not an individual can film another individual in a set of unit blocks, without consent, will depend on whether the space where the filming is being conducted is a 'public' or 'private' space?

What about in the corridors of the residential buildings. Is that considered public or private space?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,733
1,056
2,894
www.hutchinsonlegal.com.au
suspect you're asking for more context?
Yes, the context is important.

Filming of a car space is unlikely to be breaching any privacy laws ( NB: we have very little right to privacy). Same applies in a corridor in a residential building which is common property.

Check the owners corporation rules to see if there is any rule covering your concern. Suspect there will be none.

Depending on other factors, there may be a case for harassment warranting an intervention order. Running an excessive filming issue now at court (along with other 'unusual behaviour'.
 
  • Like
Reactions: TylerFrost

TylerFrost

Active Member
8 September 2023
9
0
31
Yes, the context is important.

Filming of a car space is unlikely to be breaching any privacy laws ( NB: we have very little right to privacy). Same applies in a corridor in a residential building which is common property.

Check the owners corporation rules to see if there is any rule covering your concern. Suspect there will be none.

Depending on other factors, there may be a case for harassment warranting an intervention order. Running an excessive filming issue now at court (along with other 'unusual behaviour'.
Thank you!
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,939
820
2,894
Sydney
Yes, the context is important.

Filming of a car space is unlikely to be breaching any privacy laws ( NB: we have very little right to privacy). Same applies in a corridor in a residential building which is common property.

Check the owners corporation rules to see if there is any rule covering your concern. Suspect there will be none.

Depending on other factors, there may be a case for harassment warranting an intervention order. Running an excessive filming issue now at court (along with other 'unusual behaviour'.
I agree with this commentary.
It can help to be clear that there is no actual right to privacy
of the kind you might think is being breached here.
That being said, there are a number of other torts (and indeed offences)
which may be on the table, depending on the surrounding facts and circumstances.
 
  • Like
Reactions: TylerFrost