78 Exceptions to the obligation of confidentiality

78.1 General

There are several exceptions to the obligation of confidentiality, some more accepted than others. Firstly, it is uncontroversial that the parties may by agreement modify their implied duty of confidentiality, for example dispense with it or amend its terms, whether generally or with respect to a specific issue1. At least two other exceptions have been recognised by courts2:

  1. 78.1.1

        where disclosure is ordered by a court or otherwise required by law; and

  2. 78.1.2

        where disclosure is reasonably necessary to protect legitimate interests.

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