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confidential information

Confidential information lawyer

At Dundas Lawyers®, we understand that defending or enforcing of your business’s rights in confidential information can be critical for business success.  Infringement and intellectual property theft is on the rise in the modern digital landscape.  For many businesses, intellectual property protection involves more than just an idea or a concept, it is essential to protect genuine business assets.  Dundas Lawyers® has experience identifying, enforcing and defending intellectual property rights and has acted for businesses inside and outside of the courtroom.

Do you need a confidential information lawyer?

Confidential information (Confidential Information) is a broad term that covers information, that is disclosed to another party in business dealings, that is generally not available to the public.  There is no defined category or definition of Confidential Information, rather a variety of criteria must be considered to determine if information should be deemed confidential.  This criterion includes but is not limited to the:

  • information having a quality of confidence about it;
  • information having a commercial value that imparts an obligation of confidence;
  • unauthorised use of the information creating a detriment to the party disclosing it; and
  • information being not obvious, trivial, or would be reasonably apparent to someone skilled in a particular field.

Confidential Information is valuable while it is kept secret, as such intrinsically over time protections have been developed through the English and Australian common law system to ensure that Confidential Information given as a Quasi-right is not misappropriated by the receiving party.

What legal avenues does a business have when confidential information is disclosed?

Through the renditions of English common Law, the Australia court system has recognised two causes of action for unauthorised disclosure of confidential information.

Breach of contract

If the two (2) parties are bound by a contract that contains an express or implied term of confidentiality, the disclosure of such information allows the disclosing party to bring an action for material breach of contract.

Equitable breach of confidential information (Breach of Confidence)

If it can be established that there is an obligation of confidence between two parties because of an agreement, fiduciary relationship or employment and there has been an unauthorised disclosure a cause of action for Breach of Confidence can be brought against the receiving party.

The two tests to determine if an obligation of confidence has arisen are:

  • the Reasonable Person Test; and
  • the Limited Purpose Test.

How businesses protect confidential information

  • Non-Disclosure Agreement (NDA);
  • confidentiality policy;
  • limit disclosure;
  • action plan; or
  • limit disclosure.

Remedies for unlawful use of confidential information

  • Injunction;
  • damages;
  • account of profits;
  • public orders; or
  • compensation.

Industry expertise

Our confidential information protection and enforcement expertise is particularly relevant to the following industry sectors:

Why choose Dundas Lawyers® as your confidential information lawyer?

Having exerted Blood Sweat and Years® since April 2010 we are the team that you want on your side to protect your businesses confidential information.  Some of the reasons clients choose Dundas Lawyers® include:

  • our Uncommon business acumen;
  • our Uncommon expertise in transactional, compliance and litigious matters;
  • our Uncommon expertise forensic case preparation;
  • our Uncommon customer focus;
  • the fact that we don’t just know law, we know business!
  • how we leverage our Uncommon Nous® to provide client centric solutions.

Considering engaging a confidential information lawyer?

For a confidential, no obligation initial telephone call to find out how we can help your business gain an uncommon advantage in confidential information protection please phone our team on either 1300 386 529 or 07 3221 0013.


Malcolm Burrows B.Bus.,MBA.,LL.B.,LL.M.,MQLS.
Legal Practice Director
T: +61 7 3221 0013 (preferred)
M: +61 419 726 535
E: mburrows@dundaslawyers.com.au

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Recent insights about confidential information

  • Full Court clarifies confidentiality of supplier and contact info

    Full Court clarifies confidentiality of supplier and contact info

    On 10 May 2023, the Full Court of the Federal Court of Australia (Full Court) delivered its judgment in the case of New Aim Pty Ltd v Leung [2023] FCAFC 67 (New Aim v Leung), allowing an appeal concerning alleged misuse of confidential supplier information by a former senior employee. The decision provides guidance on:…

  • Misuse of confidential information within source code

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    In Australia, computer code can amount to confidential information as well as being subject to copyright protection.  In some cases the two things overlap as was the case in decision of the Court in Optus Networks Pty Ltd v Telstra Corporation Ltd (2010) 265 ALR 281; [2010] FCAFC 21.

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    Understand the difference between “know-how” and confidential information when it comes to employer-employee relationships. Find out how to protect confidential trade secrets and use broad contractual terms to ensure protection. Click through to get the full details.

Recent Federal Court decisions regarding confidential information

  • WIJOAV Services Pty Ltd v Goldstone Private Equity Pty Ltd (No 7) [2026] FCA 423

    PRIVILEGE – legal professional privilege – advice privilege – where parties sought to establish a venture capital fund investment – where lawyers consulted in relation to the establishment and operation of the fund – where dispute as to which parties were the lawyers’ client – whether documents subject to legal professional privilege – whether documents…

  • New Aim Pty Ltd v Leung [2026] FCAFC 49

    CONTRACT – confidentiality – where the first respondent was employed by the appellant – where the employment contract contained a clause providing that the first respondent shall not misuse confidential information of the appellant – where the contract did not contain a definition of confidential information – where the contractual obligation was equivalent to an…

  • Mastercard Asia/Pacific (Australia) Pty Ltd v Australian Competition and Consumer Commission [2026] FCAFC 37

    LEGAL PROFESSIONAL PRIVILEGE – whether implied waiver of privilege is limited to the making of express or implied assertions about the content of confidential communications – whether the primary judge correctly found waiver in the conduct of serving affidavits that contained evidence to the effect that the appellants did not hold anti-competitive purposes in devising…

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