CORPORATIONS – whether first and second defendants contravened ss 182 and 183 of the Corporations Act 2001 (Cth) by misusing their position as employees by taking confidential information – whether third defendant was a person involved as an accessory in any contraventions – finding on the facts that no contraventions occurred
CONTRACT – whether original contract of employment applied to first defendant after each of two promotions – first defendant treated contract as continuing after first promotion to no objection from plaintiff – held that employment was not so profoundly different that original contract of employment no longer bound the first defendant
CONTRACT– plaintiff alleged breach of employment contract and implied duty of good faith by way of breach of confidence – allegation of taking and misusing confidential information pursuant to a scheme to set up a competing business – finding on facts that no scheme involved and no taking of confidential information
CONTRACT – post-employment restraint on second defendant in role of sales account manager – restraint for six months extending to “clients and prospective clients” including persons who were in negotiation with the plaintiff during the restraint period – restraint not limited to area of plaintiff’s business – held to be broader than necessary to protect plaintiff’s business and not able to be read down – restraint invalid – however no breach of restraint
Related cases about confidential information
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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…
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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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Australian Securities and Investments Commission v Insurance Australia Limited [2026] FCA 107
LEGAL PROFESSIONAL PRIVILEGE – third-party reports – inspection to ascertain privilege – inspection of privileged documents not part of the subject document in issue – distinction between contextual documents and subject documents – whether multiple purposes – whether documents were created for the dominant purpose of legal advice
