Confidentiality agreements and the protection of trade secrets: does it have to be all or nothing?

In Maggbury v Hafele, the High Court of Australia had to consider whether a perpetual restraint of trade clause in a confidentiality agreement was valid. The majority judgement, which refused to enforce the restraint, has been subject to criticism that it potentially puts confidentiality agreements at risk and hinders innovation. In spite of the criticism the authors of this article argue that the High Court decision was correct and that Maggbury provides valuable lessons for those drafting confidentiality agreements and seeking to protect trade secrets.