The overarching purpose – misuse of confidential information, copyright infringement and the power of section 37M of the Federal Court of Australia Act

Earlier this week, Justice Moshinsky handed down judgment in SAI Global Property Division Pty Ltd v Johnstone [2016] FCA 1333, a confidential information and copyright infringement case involving a former employee of SAI, which is an important reminder in relation to the conduct of litigation generally. Background SAI is a leading provider in Australia of integrated read more...

Preliminary discovery and arbitration

Ordinarily, an arbitral tribunal does not have power to order preliminary discovery of documents that would allow a prospective plaintiff to evaluate whether or not sufficient evidence exists to commence a claim. This was one of the findings of the Supreme Court of NSW in a recent case in which a company suspected that a number of its former senior managers and consultants had misused the company’s confidential information or infringed its IP rights. read more...