Direct Flow Pty Ltd t/as Arthur Rubber v Petersen

Confirms that employee-created marketing materials (catalogues, websites) produced largely in the employee's own time remain the employer's property (including copyright under s 35(6) Copyright Act) where the work falls within the scope of employment duties. Practitioners advising departing employees should note that downloading customer lists, concealing preparatory competitive steps, and deploying employer assets to establish a competing business can ground both breach of confidence and fiduciary duty claims, with equitable compensation assessed on a 'headstart' basis discounted for other contributing factors.