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ARTICLE · 04 SEPTEMBER 2017

Dispute Resolution Agenda: Breach of confidence actions

Cooper Grace Ward
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In addition to contractual remedies, breach of confidence may be a claim available to protect confidential information.

AustraliaLitigation, Mediation & Arbitration
Rocco Russo
Rocco Russo
Miranda Klibbe
Miranda Klibbe
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In an increasingly competitive business environment, many businesses face the threat of competitors or ex-employees seeking to make use of confidential information.

Businesses often go to great lengths to protect valuable information. Still, even with the best safeguards, there can be a leak or a threatened leak.

When a leak occurs there are many avenues a business might take to protect its position, including taking action pursuant to contractual rights.

One option that is often overlooked is to bring a claim for breach of confidence under the common law.

GENERAL REQUIREMENTS

An action for breach of confidence might be available if an aggrieved party can establish three things:

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