Breach of confidence

Is your confidential information truly protected?

27 March 2016

This article examines the complex nuances around protecting confidential information, essential for commercial transactions. It looks at the quality of confidence, circumstances implying an obligation of confidence, and various Court cases to determine the confidentiality of information.
The risks of ‘manufactured’ business testimonials: lessons from the ACCC

13 January 2016

The Federal Court has imposed hefty fines and corrective measures on A Whistle and Co Pty Ltd, a franchisor found guilty of breaching the Australian Consumer Law by publishing fake customer testimonials. This serves as a warning to businesses to engage in genuine and legitimate marketing activities, not deceptive practices.
Intellectual property theft and employee information theft

17 August 2015

Leica Geosystems Pty Ltd v Koudstaal (No 3) [2014] FCA 1129 (Leica Geosystems) is a notable court case involving an Anton Piller order and employee theft. Find out more about what this means for companies and their intellectual property rights.
Anton Piller orders – preventing evidence destruction

13 July 2015

An Anton Piller order is an extraordinary remedy used to prevent evidence destruction. This article explores scenarios in which it may be granted and the Court safeguards imposed.
Getting confidentiality agreements in place

19 August 2014

Part 5 – Planning a business acquisition Confidentiality Agreements (Confidentiality Agreement or NDA’s) are essential in business Acquisitions, particularly if either the Target or Acquirer is subject to the ASX Listing Rules. Whilst generally an equitable obligation of confidence is applicable, a Confidentiality Agreement reduces the obligations of the parties to writing to ensure that…
ACCC guide on online user reviews

6 January 2014

The Australian Competition and Consumer Commission has released guidelines to help businesses navigate the complexities of online reviews. Learn how to manage reviews, remove fake ones, and stay compliant with the Competition and Consumer Act 2010 (Cth). Read on to find out more.
Federal Court implies a new duty in employment contracts

11 November 2012

The landmark Commonwealth Bank of Australia v Barker [2014] HCA 32 ruling has changed the way employers must manage their employees. Find out how this Federal Court decision could affect your business and what you need to do to ensure compliance.