Federal Court of Australia
Federal Court of Australia
Verix Pty Ltd v Williams [2021] FCA 748 File number(s): VID 1667 of 2018
Judgment of: BEACH J
Date of judgment: 2 July 2021
Catchwords: CORPORATIONS – former employee – preparatory steps to establish competitive business – duties and obligations to employer – employment contract – implied duties of good faith and fidelity – fiduciary duties – duties under ss 182 and 183 of Corporations Act 2001 (Cth) – duties of confidence – confidential information – misuse of information – copyright in data sheets and specifications – copyright infringement – accessorial liability – knowing involvement in statutory breaches – knowing assistance in breaches of fiduciary duty – actual knowledge – constructive knowledge – liability established
Legislation: Copyright Act 1968 (Cth) ss 35, 36, 115 Corporations Act 2001 (Cth) ss 182, 183
Division: General Division
Registry: Victoria
National Practice Area: Intellectual Property
Sub-area: Copyright and Industrial Designs
Number of paragraphs: 252
Date of hearing: 21 to 25, 28 June 2021
Counsel for the Applicant: Mr M B Fleming
Solicitor for the Applicant: Gilbert + Tobin
Counsel for the First Respondent: The first respondent appeared in person
Counsel for the Second and Third Respondents: The second respondent appeared in person on behalf of himself and the third respondent
ORDERS VID 1667 of 2018
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