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+61 3 9024 4177

Recent cases involving Macarthur Argle Esmond include:

 

  • Victorian County Court representing the defendants in McLean Delmo Pty Ltd v GEO Corporation Pty Ltd & Georgiou [2012] VCC 511 (3 May 2012) in relation contract by an accountant – engaged through family trust company – restraint of trade covenant – liquidated damages clause. Fiduciary duties – whether owed by independent contractor - effect of termination of agreement – whether confidential information used in breach of agreement - acquiescence and delay.
  • Fair Work Australia claims for constructive redundancy and unfair dismissal.
  • Victorian Supreme Court representing the Respondents in Groeneveld Australia Pty Ltd & Anor v Nolten Vastgoed BV & Anor [2011] VSC 18 (2 February 2011) opposing an Application for freezing orders against non-parties – Continuation of freezing order – Standard of proof - Application refused.
  • Victorian Supreme Court representing the Defendants in Rita Cirillo v Frank Mainieri and Gelsomina Comande.
  • Victorian Supreme Court application for an injunction to prevent the distribution of the proceeds of sale of a property the subject matter of a joint venture dispute alternatively that the parties had formed a common intention giving rise to a constructive trust.
  • Victorian Supreme Court application for an injunction to freeze the proceeds of sale of apartments pending the resolution of a claim for breach of joint venture agreements or constructive trust.
  • Federal Court representing the First Respondent pro bono in Websyte Corporation Pty.Ltd v Lachlan Alexander & Anor No: 207 0f 2011 in relation a clsim by the applicant that the respondents, while in its employ, took steps to establish a business for the marketing and sale of printer cartridges over the internet. It alleges that they reproduced its software for use in their business, so modifying it as to cause the business to be promoted in an electronic business directory hosted by the applicant. These and related allegations made by the applicant are said to give rise to infringements of copyright under the Copyright Act 1968 (Cth), and to breaches of the Corporations Act 2001 (Cth), of the respondents' contracts with the applicant and of the respondents' duty of confidence as employees and former employees of the applicant; and, to the extent that allegations are made of unauthorised access to, and modification of, the applicant's own software, of trespass.
  • Federal Court and Victirian Supreme Court representing applicants for and resoondents to Winding-Up Applications.
  • Applications for and defence of Intervention Orders in the Magistrates Court