Evidence is crucial when dealing with misuse of confidential information by former employees

Misuse of confidential information can be a significant cost to a business and ensuring the business has evidence of misuse is crucial to the success of the claim.

A recent case¹ has highlighted the need to ensure that you have evidence to support an allegation that a former employee has misused confidential information.

Facts

One Dream Enterprises Pty Ltd ("One Dream") operates a real estate agency.

• The Defendants were former employees who set up their own real estate agency, 500 Keys Pty Ltd ("500 Keys") in competition to One Dream.
• One Dream lost business to 500 Keys – 14 landlords with 36 properties under management and the sale of a property.
• One Dream brought injunction proceedings in the Supreme Court to restrain 500 Keys from using One Dream's confidential information.