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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Harlech Enterprises Pty Ltd v Beno Excavations Pty Ltd [2024] FCA 639
PRACTICE AND PROCEDURE – where applicant previously worked for respondent and had access to respondent’s confidential information / intellectual property – where applicant seeks redactions to discovered documents – where parties are competing trade rivals – Recent cases about confidential information
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Patterson v Westpac Banking Corporation [2024] FCA 629
PRACTICE AND PROCEDURE – application by the first respondent for the documents on the Court file to be ordered confidential – where the respondents have not filed their pleadings and have brought a strike out application – where the parties are currently engaged in mediation – application allowed
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Energy Action (Australia) Pty Ltd v Ritson [2024] FCA 565
PRACTICE AND PROCEDURE – application for interlocutory injunction purportedly restraining disclosure of confidential information – where applicant is an energy broker and respondent is a former employee – whether balance of convenience favours injunction – where substantial delay in seeking injunction – where terms of injunction are excessive, will inevitably lead to future disputation, and…
