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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Pennytel Australia Pty Limited v Engelke [2025] FCA 1384
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…
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Australian Property Scout Holdings Pty Ltd v Titus (No 2) [2025] FCA 1154
PRACTICE AND PROCEDURE – Interlocutory Injunction – confidential information – whether the applicant has made out a prima facie case for breach of confidentiality obligations – where there is a sufficient likelihood of success to justify in the circumstances the preservation of the status quo pending the trial – where the balance of convenience favours…
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Lamson Concepts Pty Ltd v Oscuro (No 2) [2025] FCA 1100
PRACTICE AND PROCEDURE – application for suppression orders pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) prohibiting disclosure of commercially sensitive information – whether orders necessary to prevent prejudice to proper administration of justice – application granted
