Justice Steven Moore rules in Monash’s favour, restricting Hamish Hamilton’s work to overseas’ operations until March next year

The Supreme Court has ruled in favour of Monash IVF after the clinic took legal action against a former employee.

Embattled fertility clinic Monash IVF has won a court order restricting its former operations chief’s duties at a rival clinic.

Supreme Court justice Steven Moore on Thursday ruled in favour of Monash IVF, which had sought an injunction against Hamish Hamilton, its former Chief Operating Officer, after he resigned to join competitor Virtus Health as Deputy CEO and Head of International Business.

Monash IVF has won a court order. Picture: 9News

Monash IVF argued Mr Hamilton had access to sensitive commercial strategies — including growth plans for donor services, day hospitals and specialist recruitment — that could be used to gain a competitive advantage.

On Thursday, Justice Steven Moore ruled in Monash’s favour, restricting his work to overseas’ operations until March next year.

But he did not extend the order to Australian donor services after finding Monash’s evidence on that point was “unduly general”.

Justice Moore found Monash had made a strong case that Mr Hamilton’s knowledge of its “jealously guarded” strategies for day hospitals posed a real risk of commercial harm if shared with Virtus.

Mr Hamilton’s lawyers had argued their client’s new role had “very little overlap” with his former job and much of the information he had access to was already in the public domain.

The ruling means Mr Hamilton can continue to oversee Virtus’ international IVF business, which makes up the majority of his new role.

Originally published as Justice Steven Moore rules in Monash’s favour, restricting Hamish Hamilton’s work to overseas’ operations until March next year