Breach of confidence

  • Injunctions granted for breach of confidence

    Injunctions granted for breach of confidence

    Court denied injunction due to lack of precision in describing confidential info. Businesses should review procedures to ensure secure info.

  • Use of competitor’s confidential information

    Use of competitor’s confidential information

    Many businesses try to increase market share by employing a competitor’s member of staff who may bring with them relationships and information acquired over the years.  Employees owe fiduciary duties to their employers meaning, among other things, that an employee cannot make a personal gain by using confidential information acquired in the course of their…

  • De-encryption laws: compelling tech giants to cooperate with law enforcement

    De-encryption laws: compelling tech giants to cooperate with law enforcement

    The Australian Government is introducing encryption-related legislation that could have significant implications. Get the full scoop on what this Bill could mean for companies and citizens before it is officially announced.

  • Preventing ex-employees from using your client list

    Preventing ex-employees from using your client list

    This article examines a Federal Court of Australia decision to grant an interlocutory injunction against a former employee. Learn how the Court reached its decision, what businesses can take away from the case, and find out how to protect your business from similar breaches.

  • What is the Meaning of Personal Information

    What is the Meaning of Personal Information

    Court discussed meaning of “personal info” and when identity can be ascertained. Didn’t define when metadata is personal info, but determined Section 6(1) of the Privacy Act 1988 (Cth) was substantial in making determination.

  • What is a trade secret – Australian law?

    What is a trade secret – Australian law?

    Trade secrets are essential for business success. Learn about their characteristics, how to protect them, and what is not a trade secret. Get the key takeaways for businesses to maintain a competitive advantage.

  • Enforcing confidentiality agreement terms

    Enforcing confidentiality agreement terms

    Learn how to protect confidential information and the legal remedies available if a breach occurs. Find out what elements must be established for a successful claim.

  • What exactly is a “Confidentiality Agreement”?

    What exactly is a “Confidentiality Agreement”?

    This article explores the importance of Confidentiality Agreements (NDAs) and what must be established in order to protect confidential information. Learn what elements and expectations are typically found in such agreements.

  • Meeting the evidentiary burden for a search order

    Meeting the evidentiary burden for a search order

    An Anton Piller Order is usually made without the presence of the respondent (ex parte) and consequently the Courts require the satisfaction of a high evidential threshold before granting orders of this nature.  As stated in George Rofail v Landmark Recruitment Pty Ltd and Others [2004] NSWIRComm 260 (7 September 2004), they are usually made…

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