INJUNCTION – application for continuation of interim orders made on 13 September 2024 restraining respondents from soliciting applicants’ clients and staff, misusing the applicants’ confidential information, and general involvement in any business competitive with the applicants’ business – whether the applicant can establish it has a prima facie case and the balance of convenience favours the continuation of interim orders
Recent cases involving breach of confidence
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Vitaco Health IP Pty Ltd v AFI Cosmetic Pty Ltd [2023] FCA 1463
PRACTICE AND PROCEDURE – application for interlocutory injunction – ex parte application – strong prima facie case of trade mark and copyright infringement, and breach of s 18 and s 29 of the Australian Consumer Law – First Respondent’s two websites use the applicants’ logos and other branded content, and falsely indicate the First Respondent…
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StarTrack Express Pty Ltd v TMA Australia Pty Ltd [2023] FCA 1271
PRACTICE AND PROCEDURE – interlocutory application for urgent injunctive relief – where urgent injunctive relief sought to restrain respondent from operating an ecommerce website – whether there is a prima facie case that favours injunctive relief – alleged breach of contractual restraint – alleged breach of contractual term not to use confidential information – misleading…
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Native Extracts Pty Ltd v Plant Extracts Pty Ltd [2023] FCA 1265
CONTRACT – restraint of trade – confidentiality clause – admissions made of breaches of contract during hearing of trial in relation to competing business – certain relief granted at conclusion of trial CONSUMER LAW – admitted breaches of Australian Consumer Law – injunctions and corrective advertising ordered before final judgment in interests of consumers COPYRIGHT…
