Atlassian founder Mike Cannon-Brookes wins court case over allegedly leaked files sent to former wife
A sacked executive of Mike Cannon-Brookes who used a personal email to send 1000 files to Annie Cannon-Brookes must hand over his phone and other devices after being accused of leaking confidential information.
Atlassian founder Mike Cannon-Brookes has won a court fight against his once-trusted family office executive.
Former company secretary of Cannon-Brooke Services (CBS) Kevin Chiu has been ordered to hand over his personal devices and not to destroy any confidential information in his possession, after he allegedly leaked an email containing a folder called “HR back up” to Mr Cannon-Brookes’ estranged wife Annie and the company’s ex-chief financial officer Catherine Manuel.
The folder is said to have contained nearly 1000 files including employment contracts, pay and bonus details, employee tax and superannuation details, medical certificates, visa and police check details, and committee minutes and meeting papers, according to a judgement delivered by NSW Supreme Court judge Kate Williams on Tuesday.
Mr Chiu allegedly used his personal, not company, email address to share the information after he was sacked weeks ago on February 4, Justice Williams said.
As well, Mr Chiu is accused of sending the information to Ms Manuel who had also already been fired for “serious misconduct”, Justice Williams said.
“The fact that Mr Chiu copied a gmail address for Ms Cannon-Brookes into his email to Ms Manuel sent on the evening of 25 December 2024 does not support an inference that Mr Chiu’s actions in sharing or attempting to share the ‘HR Backup’ folder with Ms Manuel was in the ordinary course of his employment with CBS,” Justice Williams said.
“As CBS submitted, Mr Chiu’s use of his personal gmail address, and gmail address rather than a CBC (Cannon Brookes Collective) email address for Ms Cannon-Brookes … provides further support for the inference that these communications were not made in the ordinary course of his employment as Group Financial Controller of CBC, and also supports the inference that Mr Chiu knew this.”
Mr Cannon-Brooke’s side argued Mr Chiu, who was first employed in April 2020, dealt with “extremely sensitive” information and may have had access to Mr Cannon-Brooke’s personal financial information, Justice Williams said.
“Mr Chiu was actively involved in all aspects of the financial management of CBC at a group level,” she said.
“Mr (Faris) Cosic (current CBS chief financial officer) deposes that Mr Chiu therefore had ready access to highly sensitive and confidential information about the financial affairs of CBC at a group level … and Mr Michael Cannon-Brookes personally.
“(This included) details of financial investments made and being pursued by CBC and by Mr Cannon-Brookes personally, comprehensive financial modelling and analysis pertaining to CBC and Mr Cannon-Brookes personally, the tax affairs of CBC and Mr Cannon-Brookes personally, and highly sensitive human resources files for a significant number of former and current employees.
“Mr Cosic deposes that much of that information which Mr Chiu dealt with on a daily basis is inherently extremely sensitive and confidential to CBC and to Mr Cannon-Brookes.”
Justice Williams rejected Mr Chiu’s argument that in the “usual course of his role” he followed instructions from senior members of CBC, including Ms Cannon-Brookes, which could explain why he allegedly sent the folder.
“Mr Chiu has not adduced any evidence on this application of any instruction that he claims to have received from Ms Cannon-Brookes, or from any other person acting or purporting to act on behalf of CBS or any other entity within CBC, to share the files contained in the “HR Backup” folder with Ms Manuel,” she said.
Mr Chiu has until Wednesday afternoon to outline in an affidavit all the confidential information in his possession and who he allegedly sent it to.
An independent expert may then delete the information from Mr Chiu’s devices and arrange to return them.
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