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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Fortrend Securities Pty Ltd v Wollermann (No 2) [2025] FCA 96
CORPORATIONS – alleged breaches of equitable duty of confidence, fiduciary duties and statutory obligations by former employee – where clients moved from applicants to the respondents’ new employer – whether respondents breached the employment contract or used confidential information to solicit former clients – whether new employer liable as an accessory or for inducing breach…
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Pilatus Training Solutions Australia Pty Ltd v Secure & Innovate Group Pty Ltd [2024] FCA 1294
DISCOVERY – application for preliminary discovery – where documents sought to determine whether to commence proceedings for copyright infringement and breach of confidence – whether anticipated copyright claim would be defeated by s 183 of the Copyright Act (Cth) – whether confidential information adequately defined Related cases on preliminary discovery
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Hix Investment Pty Ltd v Wong [2024] FCA 1461
PRACTICE AND PROCEDURE – application for interlocutory injunction restraining the reproduction of plans and 3D images of portable homes products – where the applicant alleges the respondents copied the plans and 3D images in the portable homes products in infringement of the applicant’s copyright – former employee’s fiduciary and contractual obligations – misuse of confidential…
