Ex-Qantas pilot accused of industrial espionage denies ill intent behind document theft

A former Qantas pilot accused of stealing confidential documents before jumping ship to join Virgin Australia, has denied he planned to use them in his new job.

A former Qantas pilot accused of stealing thousands of commercially sensitive documents from the airline, has admitted he copied the material but denies he planned to use the information in his new job at Virgin Australia.

Qantas is seeking damages from former manager Luke Fogarty as well as court orders to make him delete any material in his possession, plus a permanent injunction on him ever using the information.

In his defence filed in the Federal Court, Mr Fogarty admitted copying several thousand megabytes of electronic documents, including confidential material, and sending those files to his personal email or iCloud storage account.

He also admitted he did this without permission, and that his actions took place up to two days before he resigned from his position as head of E190 commercial, operations and performance at Qantas to take up a job with Virgin Australia as head of performance.

But Mr Fogarty objected to the allegation he intended to use or communicate to a third party the body of information concerned, and said the claim was “embarrassing and liable to be struck out”.

Former Qantas pilot Luke Fogarty (second from left) on a work trip to New Zealand in 2018. Picture: Massey University

He claimed to not know the documents concerned were subject to copyright and denied he could use the information in his role at Virgin Australia.

Among the files Mr Fogarty admitted to copying were details of the contract between Qantas and Alliance Aviation for the operation of Embraer jets.

Virgin Australia has eight of the same jets on order for its regional airline and the first is due to be delivered next October.

Other documents included Qantas route manual supplements for a range of widebody aircraft including Boeing 787s and A330s, and airport ground handling manuals.

Qantas argued that Mr Fogarty’s employment contract included an undertaking to use confidential information “only in the proper performance of his duties” and to maintain the secrecy and prevent any disclosure of such information.

A case management hearing has been scheduled before Justice Tom Thawley in the Federal Court on Wednesday.

Mr Fogarty’s lawyer was expected to argue against any orders sought by Qantas, and his defence denies his former employer had suffered loss or damage as a result of his actions.

“Mr Fogarty denies Qantas is entitled to the relief sought and any relief against the respondent (Mr Fogarty) at all,” his defence, filed by Gadens partner Susan Goodman, said.

Virgin Australia is not a party to the proceedings and indicated Mr Fogarty was not due to take up his employment with it until his restraint period ended in 2025.