EQUITY - fiduciary duties - consideration of fiduciary relationship between employer and employee - consideration of duty of confidence - breaches of fiduciary duties - where employee takes steps to establish new business while still employed - where employee takes confidential or valuable information prior to resigning - where employee uses confidential or valuable information for purpose of advancing a business proposal in their own interests - where employee solicits employer's clients for new business venture
EQUITY - liability for breach of fiduciary duties - where former employee now employed with new employer - consideration of whether new employer can be vicariously liable for the equitable wrongdoing of its employee - consideration of knowing assistance and the second limb of Barnes v Addy
EQUITY - remedies - account of profits - consideration of when an account of profits might be granted - consideration of the measure of an account of profits - principles of causation - where no profit in consequence of breach - consideration of whether salaries of individuals can be recovered as profits
CONTRACTS - employment contract - breaches of terms implied in law - duty of fidelity and good faith - consideration of the relationship between implied contractual duties and the fiduciary duties an employee owes employer
CORPORATIONS - breaches of statutory duties of employees and officers - ss 181, 182 and 183 of the Corporations Act 2001 (Cth) - consideration of definition of "officer" - consideration of the relationship between statutory duties and the fiduciary duties an employee owes employer - involvement in breaches - s 79 of Corporations Act - consideration of power to award profits in relation to contraventions of Corporations Act - s 1317H(2) of Corporations Act
TORTS - inducing a breach of contract - consideration of elements of common law tort of inducing a breach of contract - where prospective employer induces employee to breach current contract of employment
TORTS - passing off - consideration of elements of passing off - where similarities between disclosure documents, marketing flyers and other administrative forms - where some evidence of confusion in market - where no direct evidence that relevant consumers were actually deceived or likely to be deceived - where insufficient evidence of damage
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