Lifeplan Australia Friendly Society Ltd v Woff [2016] FCA 248

FEDERAL COURT OF AUSTRALIA

Lifeplan Australia Friendly Society Ltd v Woff [2016] FCA 248 File number: SAD 99 of 2012

Judge: BESANKO J

Date of judgment: 15 March 2016

Catchwords: 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