Company assets extend well beyond money. Intellectual property, confidential information, client databases, trade secrets, digital assets, source code, equipment and inventory — any of these can be taken, misused or diverted by employees, directors, business partners or contractors who had access to them through their role. The misappropriation of these assets can cause commercial harm that is immediate and difficult to reverse once the information or asset is in the hands of a competitor.

EAGLEGATE advises businesses, shareholders and directors requiring urgent legal assistance to preserve and recover company assets. We identify the correct legal framework for the specific asset type, obtain urgent court orders where necessary, and pursue civil proceedings to achieve recovery.

The value of a company asset is only recoverable if action is taken before it is too late to contain the damage.

Key Misappropriation of Company Assets Expertise — Identify, Preserve, Recover

EAGLEGATE acts across the full range of company asset misappropriation matters.

Intellectual Property Theft

Registered intellectual property — trade marks, patents, copyright works, registered designs — belongs to the registered owner. Where an employee or contractor begins using that IP without authority, or takes steps to register IP derived from the company’s work in their own name, civil proceedings under the Trade Marks Act 1995 (Cth), Patents Act 1990 (Cth), Copyright Act 1968 (Cth) or Designs Act 2003 (Cth) may be available.

Confidential Information and Trade Secrets

Confidential information — client lists, pricing strategies, technical processes, proprietary methodologies — is protected by the equitable doctrine of breach of confidence and, where embodied in material form, by copyright. The taking of confidential information by a departing employee or contractor is among the most frequent forms of misappropriation, typically occurring in the days before departure through personal email or cloud uploads.

Client Databases

A client database may be protected under the law of confidence (misuse of confidential information), the Privacy Act 1988 (Cth) and copyright where the database reflects original compilation. Misappropriation may give rise to simultaneous claims under privacy law, copyright law and equity.

Digital Assets and Source Code

Source code, software, proprietary algorithms, domain names, social media accounts and cloud-based business systems are company assets susceptible to misappropriation. Digital forensic investigation — examining access logs, email metadata, cloud sync histories and device records — is typically required to establish what has been taken and how.

Director and Employee Duties

Directors and officers who misappropriate company assets breach their statutory duties under sections 182 and 183 of the Corporations Act 2001 (Cth). Employees owe common law duties of fidelity. These duties apply whether or not the asset is formally classified as confidential, and supplement any express contractual obligations.

Urgent Court Orders — Search, Freeze, Restrain

Search orders authorise immediate entry to premises to secure physical assets, devices and records. Freezing orders prevent proceeds from being dissipated. Urgent injunctions restrain further use or distribution of misappropriated information or assets. All three forms of relief can be sought together where the circumstances warrant it.

1. Identify and Assess

We establish precisely what assets have been taken, the mechanism and timeframe, who is responsible, and the legal framework — IP law, the law of confidence, corporate law or contract — most appropriate to the specific asset.

2. Preserve

We apply for urgent court orders — search orders, freezing orders and injunctions — to prevent further use or loss, secure evidence, and protect the ability to recover before the damage becomes irreversible. Each application is prepared with robust supporting evidence to give it the strongest prospect of success.

3. Pursue

We conduct civil proceedings to achieve recovery — through negotiated resolution where the respondent is prepared to engage, or through contested proceedings where necessary.

4. Protect

We advise on structural and contractual measures to reduce the risk of future misappropriation — confidentiality agreements, IP assignment provisions, access controls, and employment contract terms.