Injunctions for breach of confidence

The recent Federal Court case of Howden Australia Pty Ltd v Minetek Pty Ltd [2019] FCA 981 highlights some of the challenges faced by applicants when attempting to establish that a breach of confidential information has taken place, and the steps required to obtain an interim injunction prior to the ultimate determination of a matter. [Read more…]

What is an injunction?

An injunction in its simplest form is a Court order directing a person or entity to do a specific thing (Mandatory Injunction) or, more commonly, to not do a specific thing (Prohibitory Injunction).  Whilst an injunction in itself can amount to final relief in a matter, they are generally sought on an interlocutory basis (Interlocutory Injunction) which is a temporary remedy is sought to maintain the status quo until the larger legal issues can be heard by the Court.  If a temporary order is granted it will generally become permanent if the applicant is successful in the larger claim. [Read more…]

What is a Mareva Order?

A Mareva order (Mareva Order), also known as a freezing order or asset protection order, is a special type of interlocutory injunction which restrains a defendant from dealing with the whole or part of their assets pending the outcome of legal proceedings.  In preventing a defendant from disposing of their assets in a way which may deprive the plaintiff of an effective remedy, Mareva Orders are a tool to prevent an abuse of court processes and protect the proper administration of justice.  In Queensland, Mareva Orders are dealt with in Chapter 8 Part 2 Division 2 of the Uniform Civil Procedure Rules 1999 (Qld) (UCPR). [Read more…]

Terminating employees that threaten to approach the media

Disgruntled employees (or ex-employees) can cause employers unnecessary grief, particularly when an employee threatens to approach the media and ‘leak’ information in a bid to publicly tarnish the name of the employer. [Read more…]

Revenge porn – legal options

Revenge porn (Revenge Porn) refers to sexually explicit media that is distributed without the consent of the individual(s) involved.[1]  An act of Revenge Porn therefore involves the recording of video or still images of a person that is usually engaged in sexual acts (Revenge Content) and publishing or threatening to publish it.  A persons participation may be  consensual or non-consensual with the photographer subsequently uploading the Revenge Content to revenge porn websites with links to social media websites with the intent of humiliating the person depicted.

The ubiquity of devices with picture and video capability coupled with social media that has created numerous opportunities for the recording and distribution of Revenge Content.  [Read more…]

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Tel: 07 3221 0013

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