Johnston v Allen

The plaintiff brought an action against the defendant for damages in the Supreme Court of Victoria. The plaintiff sought to recover damages for breach of an implied obligation of confidentiality, and an express obligation under a retainer agreement, to use documents only for the purposes of the proceedings. The plaintiff argued that the defendant had breached those obligations by using the documents for the purposes of a complaint made against the defendant's solicitor after the proceedings had concluded. The defendant argued that the court had no jurisdiction to make orders that would permit the use of documents for the purposes of the complaint proceedings.

The court was required to decide whether the obligation of confidentiality extended to the use of documents for the purposes of a complaint made against a solicitor after the proceedings had concluded. The court also had to determine whether it had the jurisdiction to make orders that would permit the use of documents for the purposes of the complaint proceedings. The court had to consider the extent of the obligation of confidentiality, and whether it could be released by the court, either prospectively or retrospectively, to permit the use of documents for the purposes of the complaint proceedings.

The court held that the obligation of confidentiality extended to the use of documents for the purposes of a complaint made against a solicitor after the proceedings had concluded. The court found that the obligation was an implied term of the retainer agreement, and that it was owed to the plaintiff by the defendant, the defendant's agent, the defendant's solicitor, and the defendant's counsel. The court held that the obligation could be released by the court, either prospectively or retrospectively, to permit the use of documents for the purposes of the complaint proceedings. The court found that it had the jurisdiction to make orders that would permit the use of documents for the purposes of the complaint proceedings.

The court made an order that the defendant return or destroy any copies of the documents in the possession of the defendant's agent, solicitor, and counsel who were no longer involved in the complaint proceedings. The court also made an order that the defendant's agent, solicitor, and counsel who were still involved in the complaint proceedings return or destroy any copies of the documents that they had made before the court released the obligation of confidentiality.