Embattled Monash IVF moves to hobble defecting executive's move to rival
The embattled fertility giant has launched action in the Supreme Court of Victoria in a bid to limit the work its departing chief operations officer, Dr Hamish Hamilton, is allowed to undertake in a senior role at its biggest rival, Virtus Health.
The action comes as Monash was on Monday forced to respond to another please-explain order from the Australian stock exchange over claims it delayed informing the sharemarket of an embryo mix-up – the second such error and resulting notice issued to them this year.
After decade in senior roles at Monash IVF, including the last five as its chief operating officer, Hamilton last week began duties as Virtus' chief operating officer and head of international business.
His departure and the related court battle add to the public troubles for Monash IVF – including a $56 million class action involving more than 700 patients, two separate cases of women being implanted with a wrong embryo and the resignation of its chief executive officer – which have prompted an overhaul of the way Australia's reproductive technology sector is regulated.
As investigations continue into how its patients were affected by its recent errors, Monash IVF on Monday focussed its attention on the court proceedings where it sought an injunction to prevent Hamilton undertaking aspects of his new role.
Appearing for Monash IVF, Richard Dalton, KC, asked the court to impose limits on Hamilton's employment at Virtus until March 3, 2026, stating he had been the 'author' of Monash IVF's Vision 2026 strategic business plan and was well placed to act on commercial secrets.
Monash IVF sought orders barring Hamilton from overseeing 'non-core IVF activities' such as day hospitals, ultrasounds and donor banks within Australia, and instead requested he be limited to overseeing Virtus' international donor operations.
'Dr Hamilton, as COO, was instrumental in that strategy and he knows what Monash IVF's plans are,' Dalton said.
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