Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Fortrend Securities Pty Ltd v Wollermann (No 2) [2025] FCA 96 File number(s):
Judgment of: O'CALLAGHAN J
Date of judgment: 21 February 2025
Catchwords: CORPORATIONS – alleged breaches of equitable duty of confidence, fiduciary duties and statutory obligations by former employee – where clients moved from applicants to the respondents' new employer – whether respondents breached the employment contract or used confidential information to solicit former clients – whether new employer liable as an accessory or for inducing breach of contract – proceeding dismissed
Legislation: Corporations Act 2001 (Cth) ss 180(1), 181(1), 182(1) and 183(1) Evidence Act 1995 (Cth) ss 48(4)(b), 87(1)(a) and cl 5 of pt 2 of the Dictionary
Del Casale v Artedomus (Aust) Pty Ltd [2007] NSWCA 172 IF Asia Pacific Pty Ltd v Galbally [2003] VSC 192; (2003) 59 IPR 43 Liberty Financial Pty Ltd v Scott (No 4) (2005) 11 VR 629 Cases cited: Manildra Laboratories Pty Ltd v Campbell [2009] NSWSC 987 Ocular Sciences Ltd v Aspect Vision Care Ltd [1997] RPC 289 Pioneer Concrete Services Ltd v Galli [1985] VR 675 Reinforced Plastics Applications (Swansea) Ltd v Swansea Plastics & Engineering Co Ltd [1979] FSR 182 Wright v Gasweld Pty Ltd (1991) 39 IR 256
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
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