Rauland Australia Pty Ltd v Law (No 3) [2021] FCA 898

Rauland Australia Pty Ltd v Law (No 3) [2021] FCA 898

The respondents did not establish that disclosure of Rauland's highly confidential affidavit and exhibit to a Hills employee was necessary, because the expert's need for industry-specific assistance could be met without disclosure of that material or potentially by an independent person, and disclosure to an employee of a direct competitor created a real risk of prejudice to Rauland. By contrast, Rauland's 2020/2021 management accounts were relevant primary source documents for quantum and should be provided under confidentiality arrangements, particularly in light of correspondence indicating Rauland would not provide them voluntarily.

Jurisdiction
Australia
Judgment Date
03 August 2021
Procedural Posture
Practice and Procedure Application in an Intellectual Property Proceeding Concerning Confidential Information and Management Accounts for Expert Evidence / Interlocutory Pre Trial Orders Determined on the Papers
Outcome
Relief seeking disclosure of the Aspland affidavit and confidential exhibit KA-1 to a Hills employee was refused; orders were made requiring provision of approved management accounts to the respondents' lawyers and forensic accounting expert under confidentiality undertakings.
Legal Topics
['confidentiality Undertakings' "disclosure of Confidential Evidence to Competitor's Employee" 'forensic Accounting Expert Evidence' 'management Accounts' 'discovery and Production for Quantum Evidence']
['practice and Procedure' 'intellectual Property' 'copyright' 'confidential Information'] ['confidentiality Undertakings' "disclosure of Confidential Evidence to Competitor's Employee" 'forensic Accounting Expert Evidence' 'management Accounts' 'discovery and Production for Quantum Evidence']

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Procedural Posture

Practice and Procedure Application in an Intellectual Property Proceeding Concerning Confidential Information and Management Accounts for Expert Evidence / Interlocutory Pre Trial Orders Determined on the Papers

Legal Issues

  1. 1 ["Whether the respondents' lawyers should be permitted to disclose the contents of the affidavit of Kristy Aspland dated 1 April 2021 and confidential exhibit KA-1 to an employee of Hills for the purpose of assisting the respondents' forensic accounting expert." "Whether Rauland should be ordered to provide its approved monthly management accounts for the 2020/2021 financial year to the respondents' lawyers and any forensic accounting expert retained by the respondents under confidentiality undertakings."]

Ratio Decidendi

The respondents did not establish that disclosure of Rauland's highly confidential affidavit and exhibit to a Hills employee was necessary, because the expert's need for industry-specific assistance could be met without disclosure of that material or potentially by an independent person, and disclosure to an employee of a direct competitor created a real risk of prejudice to Rauland. By contrast, Rauland's 2020/2021 management accounts were relevant primary source documents for quantum and should be provided under confidentiality arrangements, particularly in light of correspondence indicating Rauland would not provide them voluntarily.

Court Disposition

Relief seeking disclosure of the Aspland affidavit and confidential exhibit KA-1 to a Hills employee was refused; orders were made requiring provision of approved management accounts to the respondents' lawyers and forensic accounting expert under confidentiality undertakings.

Orders

  • ["Subject to any existing applicable confidentiality undertakings or, failing that, against the provision by them of confidentiality undertakings acceptable to the applicant, the applicant provide the respondents' lawyers with a copy of such of its monthly management accounts for the 2020/2021 financial year that...