Qantas Legal Issues

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Recommended: The nature of confidentiality

A dispute arose between Qantas Airways and Lucinda Holdforth over a breach of confidentiality. The defendant Lucinda, was charged for revealing secret information about Qantas for her personal gain. Qantas disapproved and tried to block the publication of her manuscript entitled Fighting Words where she mentioned about CEO Alan Joyce’s speech on grounding the whole of the airline’s fleet which happened in October 2011. As the secretary and general counsel for Veronica Airlines, this report is prepared to discuss the methods to protect this company against disclosure or exploitation of confidential information which covers trade secrets by its employees or former employees. This report introduces briefly the main elements in a contract before explaining employment contracts specifically. Trade secrets were also discussed, focusing on the methods to legally protect them, the strengths and weaknesses of the trade secret regulations in Australia and recommendations on the terms to be included in employment contracts.

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In Australian Football League v The Age Co ltd, permanent injunctions were granted against the company as the Court held that the names of the AFL players who were tested positive for drugs should be kept confidential. Disclosure of trade secrets by any party without the permission of the owner leads to breach of contract or breach of equitable obligations. Nevertheless, the current legal system of criminal law does not criminalize the disclosure of trade secrets. Early last year, Australia was considering the Trans-Pacific Partnership Agreement (TPP) which allows countries involved to impose criminal penalties regarding disclosure of trade secrets. Although envisaged that this agreement will bring favorable impacts to different industries and attract foreign direct investment, Australia decided to oppose such

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