Lawyers Weekly Australia
A lawyer who allegedly stole confidential information from his former workplace and set out to establish a rival firm has failed in his bid to add to his defence, including a claim that a supposed “side agreement” tainted the employment agreement “with illegality”.
Justice Michael Ball of the NSW Supreme Court has dismissed Justin Carroll’s application to file an amended defence to BlackBay Lawyer’s claims that he established a rival legal practice, stole confidential information, and solicited clients to move with him.
The boutique litigation and disputes firm has sued Carroll and Yianni van Gelder for the return of information and the delivery of computers, phones and electronic devices for forensic analysis.
In addition to a restraint against them approaching anyone who was a client up until mid-February 2025, BlackBay is seeking an order to prevent Carroll and van Gelder from enticing the firm’s directors, senior employees or contractors into leaving with them.
In a notice of motion to amend his defence, Carroll sought to plead the existence of an alleged “side agreement”, which restricted him from enforcing statutory entitlements such as annual leave, sick leave, and remuneration only by reference to a share of the professional fees he billed on matters and that BlackBay collected.
Read full story at
