ABSTRACT
Remedies against those who disclose, or threaten to disclose, confidential information can be obtained both at common law and in equity. At law, an express term in a contract may prohibit the unauthorised disclosure of confidential information. Alternatively, courts may imply a term requiring a party to a contract to keep information secret. Implied terms are commonly found in contracts of employment, but the implication may also be made in other agreements, for example, agency agreements. Many of these contracts will also constitute fiduciary relationships, thereby attracting the remedies for breach of fiduciary duty in the event of improper disclosure by a party subject to an implied term of disclosure (Ansell Rubber Co Pty Ltd v Allied Rubber Industries Pty Ltd (1967)).
