Monash IVF raised concerns that Dr Hamish Hamilton’s new role at Virtus Health may breach his non-compete obligations

The former Chief Operating Officer at the embattled fertility clinic – at the centre of two embryo mix-ups – claims he was sent an “intimidatory” email.

Embattled fertility clinic Monash IVF’s former operations chief claims he was sent an “intimidatory” email after resigning to join a rival clinic, a court has heard.

Lawyers for Monash IVF applied for an injunction in the Supreme Court on Monday, seeking to restrict former Chief Operating Officer Hamish Hamilton’s duties at competitor Virtus Health for at least nine months.

Richard Dalton KC, acting for Monash IVF, told the court Dr Hamilton played an “instrumental” role in building and maintaining commercial arrangements with fertility specialists — agreements that generated nearly all of the clinic’s revenue.

The court heard Dr Hamilton resigned on March 12 after five years as COO, giving 12 weeks’ notice.

Chief Operating Officer Hamish Hamilton was allegedly sent an intimidatory email.

He was immediately placed on gardening leave, meaning he remained on the payroll but was required to stay away from work.

Mr Dalton said Monash IVF – which has been at the centre of two embryo mix-ups in recent months – raised concerns that Dr Hamilton’s new role at Virtus Health may breach his non-compete obligations.

On May 6, Mr Dalton said Monash IVF emailed Dr Hamilton requesting details about his new position, including what his duties involved, start date, and proposing a meeting to discuss the matter.

“Dr Hamilton emailed saying that he regarded that letter as intimidatory, that he wasn’t going to attend a meeting, and instead he would be writing to Monash IVF,” Mr Dalton said.

Richard Dalton KC said Monash IVF emailed Dr Hamilton requesting details about his new position. Picture: 9News

He told the court attempts to resolve the matter failed, prompting Monash IVF to seek an injunction restricting Dr Hamilton to international duties — a key part of his new role as Deputy Chief Operating Officer and Head of International Business at Virtus Health — until at least March next year.

Mr Dalton said Monash IVF’s main concern related to Dr Hamilton’s knowledge of doctor engagement strategies and day hospital operations, adding that Virtus Health was their main competitor and had been waging an “aggressive campaign” to recruit fertility specialists.

“(The injunction) would require him to confine himself strictly to his international responsibilities,” he said.

“There is no evidence to indicate that that would compromise his ongoing employment with Vertis Health, his salary.”

But Alex Manos, acting for Dr Hamilton, said his client’s new role had “very little overlap” with his former job, noting he was no longer responsible for recruiting doctors.

“While (Monash IVF) might be concerned, the true impact on their business is actually overstated,” he said.

Mr Manos told the court much of the information his client had access to was already in the public domain and he was prepared to give undertakings to not share anything that was confidential.

Mr Manos sought a “carve out” allowing his client to work at day hospitals.

Justice Steven Moore reserved his decision until Thursday afternoon.

Monash IVF was contacted for comment.

Last week it was revealed Monash IVF was at the centre of a second embryo mix-up, and was under investigation by the Victorian regulator.

It comes just two months after the Herald Sun revealed a woman unwittingly gave birth to a stranger’s baby after Monash IVF implanted another couple’s embryo in a horror mix up in 2023.

Originally published as Monash IVF raised concerns that Dr Hamish Hamilton’s new role at Virtus Health may breach his non-compete obligations