CONTRACTS — interlocutory application by the plaintiff seeking injunctive relief against the defendant, a former employee — where defendant had established her own business and admitted to soliciting the plaintiff’s clients — where the defendant’s employment agreement included post-employment restraint of trade clauses — whether contractual obligations survived the termination of the employment agreement in circumstances where the defendant alleged that the plaintiff had repudiated the agreement — enforceability of restraint of trade clauses — balance of convenience — insufficiently strong prima facie case to justify interlocutory relief beyond undertakings offered by the defendant — orders sought by the plaintiff imprecise and uncertain — subject to undertakings to the Court by the defendant, interlocutory application refused
EQUITY — confidential information — where plaintiff alleged that defendant had retained and made use of confidential information gained during the course of her employment — where plaintiff sought injunction to enforce equitable, statutory and contractual obligations of confidence — insufficiently strong prima facie case to justify interlocutory relief beyond undertakings offered by the defendant — orders sought by the plaintiff were imprecise and uncertain — injunction refused
EQUITY — whether plaintiff should be denied relief due to unclean hands — equitable principle does not apply
TORTS — where plaintiff sought orders to prevent defendant from inducing clients to breach their contracts of engagement of the plaintiff — insufficiently strong prima facie case to justify interlocutory relief — injunction refused
Recent cases about breach of confidence
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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…
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Korea Midland Power Co Ltd v ACIRL Quality Testing Services Pty Ltd (No 2) [2025] FCA 987
PRIVILEGE – legal professional privilege – third party reports – investigation of alleged misconduct of employees – whether third party reports were created for the dominant purpose of receiving legal advice – held that reports were subjective to legal professional privilege PRIVILEGE – waiver – implied waiver – whether voluntary disclosure of aspects of the…
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Aristocrat Technologies Australia PL v Light & Wonder, Inc. (No 2) [2025] FCA 64
Application for interlocutory injunction to restrain individual from using devices containing confidential information – application refused.
