The Federation Press

Disclosure Obligations in Business Relationships

Overview

Published with the Centre for Commercial and Property Law, QUT.

This book focuses on the commercial advantage which information gives to business and the circumstances in which obligations to disclose may arise which erode that advantage. The term ’business’ is used broadly to cover persons and corporations who undertake an occupation, profession or trade ’carried on in an organised way for the purpose of profit or gain’.

The five parts of the book cover:

  • disclosure obligations arising pursuant to imposed standards of conduct;
  • disclosure of information to the government and its consequences;
  • disclosure obligations of companies incorporated under the Corporations Law which arise under that law; and
  • protecting and limiting disclosure of business information, particularly in the context of employment contracts and including the drafting of confidentiality clauses.

Reviews

“A well planned and executed book, this is one practitioners in the commercial and commercial litigation fields will find useful as a first port of call.” - Law Institute Journal, Victoria

“The book has been excellently researched and is set out in a clear manner. It is an extremely good starting position ...” - Australian Law Librarian

“The value of this book to the legal profession is emphasised by the number of cases quoted, in many of which solicitors have been held to blame ... an interesting and valuable book” - Law Letter, Law Society of Tasmania

Table of Contents

Introduction

Disclosure Obligations of Business: Contemporary Issues
Tina Cockburn and Leanne Wiseman

Disclosure Pursuant to Imposed Standards of Conduct: General Law

Good Faith in Disclosure
Lindy Willmott
Fiduciary Disclosure Obligations
Tina Cockburn
The Duty of Disclosure in Tort
Frances McGlone

Disclosure Pursuant to Imposed Standards of Conduct: Under Statute

The Effect of the Trade Practices Act 1974 (Cth) on Non-Disclosure
Sharon Christensen
Disclosure Obligations in Insurance
Samantha Traves
Compelling Access to Business Information under the Trade Practices Act 1974
SG Corones

Disclosure to the Government and its Consequences

Disclosure Obligations to Commonwealth Government Investigatory Authorities
Fiona Martin
Disclosure of Business Information under FOI and Privacy Legislation
WB Lane

Disclosure Obligations Specific to Corporations

Disclosure Obligations under the Corporations Law
Simon Fisher

Protecting Information/Limiting Disclosure

Restricting or Limiting Disclosure of Business Dealings
Professor WD Duncan

Table of Cases
Table of Statutes
Index

Of interest...