In Tri-Star Petroleum v Australia Pacific LNG, what is the default position on undertakings regarding confidential information?

• A. There is an implied undertaking.
• B. An express undertaking is always required.
• C. Confidential information may be used for any purpose.
• D. Undertakings do not bind third parties.

Answer: (A)

In civil litigation, information disclosed during the proceedings is protected by an implied undertaking of confidentiality as the default rule. This means the information should be used only for the purposes of the proceedings and should not be disclosed or used to gain a commercial advantage unless a court orders otherwise. Tri-Star Petroleum v Australia Pacific LNG confirms this default, holding that there is an implied undertaking that automatically applies, rather than requiring an express undertaking in every case. The undertaking binds not just the parties but anyone who receives the information through the proceedings, so third parties are also constrained. Thus, the correct position is that there is an implied undertaking.