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Life after Smith Kline & French Laboratories: A Case for a public interest defence in the Australian Doctrine of Confidence

Mason, Andrew (2013) Life after Smith Kline & French Laboratories: A Case for a public interest defence in the Australian Doctrine of Confidence. Honours thesis, Murdoch University.

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Abstract

This thesis concerns the equitable doctrine of confidential information. Particularly, it concerns the position of the public interest defence in Australian. This thesis considers, upon an analysis of decisions since Smith Kline & French Laboratories (Aust), whether the public interest defence can be considered to exist in Australian law. Therefore, this thesis challenges claims that a narrower approach is the prevailing view in Australia. Further, this thesis considers whether the public interest defence is capable being rationalised and based on principle so as to offer a superior defence to the narrow approach. It is further argued that a principled approach offers an appropriate balance of certainty and flexibility, which therefore offers a superior approach than currently exists in Australian law. Finally, this thesis attempts to justify why Australian law should take steps to accept the public interest defence and develop and rationalise its principles.

Item Type: Thesis (Honours)
Murdoch Affiliation: School of Law
Notes: Note to the author: If you would like to make your thesis openly available on Murdoch University Library's Research Repository, please contact: repository@murdoch.edu.au. Thank you.
Supervisor(s): UNSPECIFIED
URI: http://researchrepository.murdoch.edu.au/id/eprint/41677
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