Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
PhotoCure ASA v Queen's University at Kingston [2002] FCA 905
PRACTICE AND PROCEDURE – where patent attorney firm and law firm part of national practice – where law firm sought to act for client in manner potentially adverse to interests of former client of patent attorney firm – where patent attorney firm in possession of former client's confidential information – whether real possibility or risk of misuse of confidential information – efficacy of Chinese walls to protect confidential information – where all reasonable or effective steps taken to ensure no disclosure of confidential information. Prince Jefri Bolkiah v KPMG [1999] 2 AC 222, considered Carindale Country Club Estate Pty Limited v Astill (1993) 42 FCR 307, applied Belan v Casey [2002] NSWSC 58, applied Waiviata Pty Ltd v New Millenium Publications Pty Ltd [2002] FCA 98, referred to Bureau Interprofessionnel Des Vins De Bourgogne v Red Earth Nominees Pty Ltd (t/as Taltarni Vineyards) [2002] FCA 588, applied Spincode Pty Ltd v Look Software Pty Ltd [2001] VSCA 248, considered MacDonald Estate v Martin 77 DLR (4th) 249, referred to D & J Constructions Pty Ltd v Head (t/as Clayton Utz) (1987) 9 NSWLR 118, considered Mallesons Stephen Jaques v KPMG Peat Marwick (1991) 4 WAR 357, referred to Newman v Phillips Fox (1999) 21 WAR 309, distinguished
PHOTOCURE ASA v QUEEN'S UNIVERSITY AT KINGSTON V 214 of 2002 GOLDBERG J 22 JULY 2002 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 214 of 2002
BETWEEN: PHOTOCURE ASA
[967 598 593]
Applicant
AND: QUEEN'S UNIVERSITY AT KINGSTON
Respondent
JUDGE: GOLDBERG J
DATE OF ORDER: 22 JULY 2002
WHERE MADE: MELBOURNE
UPON Freehills by its counsel undertaking to the Court:
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