Volunteer Eco Students Abroad Pty Limited v Reach Out Volunteers Pty Limited

Volunteer Eco Students Abroad Pty Limited (VESA) commenced proceedings against Reach Out Volunteers Pty Limited (ROV), Tom Jowett, Peter Jowett and Ben Jowett (respondents) in the Federal Court of Australia. VESA alleged that Tom Jowett breached his employment contract, fiduciary duties and confidentiality obligations, and committed copyright and trade practices infringements. VESA also alleged that ROV committed copyright and trade practices infringements. The respondents denied liability and counterclaimed for malicious prosecution. The Court found that VESA failed to establish its claims against Tom Jowett personally, ROV and the other respondents. The Court found that Tom Jowett had infringed VESA's copyright in respect of certain materials which he copied onto a USB stick and took with him when he left VESA's employment. The Court also found that ROV had infringed VESA's copyright in respect of certain FAQs which Peter Jowett copied. The Court declined to make any orders against Peter or Ben Jowett personally on the basis of accessorial liability. The Court rejected VESA's claims for damages and injunctive relief in respect of the trade practices infringements, finding that VESA had not established that it suffered any damage as a result of the contravening conduct. The Court made orders for non-publication in respect of certain confidential documents tendered by VESA.