Volunteer Eco Students Abroad Pty Limited v Reach Out Volunteers Pty Limited [2013] FCA 731

FEDERAL COURT OF AUSTRALIA

Volunteer Eco Students Abroad Pty Limited v Reach Out Volunteers Pty Limited [2013] FCA 731 Citation: Volunteer Eco Students Abroad Pty Limited v Reach Out Volunteers Pty Limited [2013] FCA 731

Parties: VOLUNTEER ECO STUDENTS ABROAD PTY LIMITED AS TRUSTEE FOR THE VOLUNTEER ECO STUDENTS ABROAD UNIT TRUST (ACN 135 012 341) v REACH OUT VOLUNTEERS PTY LIMITED (ACN 146 005 316), TOM JOWETT, PETER JOWETT and BEN JOWETT

File number: NSD 380 of 2011

Judge: GRIFFITHS J

Date of judgment: 26 July 2013

Catchwords: COPYRIGHT – whether applicant the author of relevant works – whether each work constitutes an "original work" within the meaning of s 32 of the Copyright Act 1968 (Cth) – whether certain works too trivial to constitute literary works – relevance of certain alleged infringements occurring outside Australia – whether infringements authorised – availability of remedies INDUSTRIAL LAW – whether contracts of employment breached – whether first contract of employment discharged – which terms and conditions constituted second contract of employment – fourth category of Masters v Cameron (1954) 91 CLR 353 – whether any further issues remained to be negotiated – whether offer was accepted – whether obligation to give reasonable notice varied by subsequent oral agreement – whether breach of contractual or fiduciary obligations to employer by employee taking preparatory steps to set up a rival business – whether employee breached obligation of good faith and fidelity and fiduciary duties by failing to disclose relevant information whilst employed CONTRACT – breach of confidence by retaining and/or using documents acquired during the course of employment EQUITY – breach of confidence by retaining and/or using documents acquired during the course of employment TRADE PRACTICES – alleged misleading and deceptive conduct – representations concerning business experience–testimonials – representations concerning the charitable status of the first respondent – representations made using search engine results – whether certain representations mere puffery – accessorial liability – relevance of conduct occurring outside Australia – availability of remedies PRACTICE AND PROCEDURE – proposed amendments to second further amended statement of claim – discussion of relevant principles – whether prejudice to respondents if amendments allowed