Monash IVF has had a partial win over a defecting executive, with the Supreme Court restricting the work its former chief operations officer can perform for a rival fertility business.
Amid a series of scandals at Monash IVF, Dr Hamish Hamilton wound up a 16-year career at the fertility giant on June 3 to start a senior role at its biggest competitor, Virtus Health, the following day.
Former Monash IVF chief operating officer Dr Hamish Hamilton.
In response, Monash IVF launched legal action in the Supreme Court of Victoria in a bid to protect its commercial secrets and growth strategies by limiting the duties Hamilton could perform with Virtus.
On Thursday, Justice Steven James Moore ordered that although Hamilton could oversee Virtus’ international donor operations, he was restrained from any work relating to IVF operations within Australia or overseeing day hospitals for Virtus until March 3, 2026.
Moore said Hamilton had “jealously guarded” knowledge of Monash IVF’s plans to expand its day hospitals and the recruitment of further specialists that could not be passed onto his new employer.
“In my view, there is a real likelihood that knowledge of those matters would have the potential to provide a competitor to the plaintiff, such as Virtus, with a competitive or commercial advantage in what is said to be a growth sector,” Moore said.
The interlocutory orders have been made ahead of a proposed trial.
Hamilton’s departure as chief operations officer follows, but is not linked to, a series of recent high-profile issues for Monash IVF.
This month, Monash IVF admitted a woman had been implanted with the wrong embryo during a procedure at its Clayton clinic on June 5.
The Clayton embryo mix-up followed revelations in April that an embryo transfer error at its Brisbane facility resulted in a Queensland woman giving birth to a stranger’s baby.
Last year, Monash IVF paid $56 million in compensation to settle a class action involving 700 families related to a bungled genetic-testing program.
The impact has prompted Australia’s health ministers to review the regulation of the nation’s reproductive technology sector as well as resulting in investigations into Monash IVF and a drop in the company’s share price.
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