Loyal clients began rebooking with a former consultant — the employer went to court to stop it
A federal court has restrained a former cruise consultant from contacting his ex-employer's clients — and the ruling turns on what counts as confidential information.
The decision, handed down on 10 April 2026, centres on a dispute between Silversea Cruises Australia Pty Ltd and its former private cruise consultant, Matthew Kensett, whose employment was terminated before he took up a role with a rival sales channel. What followed was a textbook example of the kind of post-employment fallout that keeps HR teams up at night.
Kensett had worked for Silversea since December 2016, selling luxury cruise holidays directly to consumers. In August 2025, his employment was terminated. By October 2025, he had joined Savenio Pty Ltd — a Host Agency that also sells Silversea cruises — and began servicing clients he had previously looked after at Silversea.
The trouble started when Silversea noticed that loyal repeat customers were cancelling their direct bookings and rebooking through Kensett at Savenio. Kensett admitted reaching out to a number of those clients to let them know he had changed roles and was available to help. In Silversea's view, that amounted to a breach of the confidentiality and non-solicitation clauses in his November 2024 employment contract.
Kensett saw things differently. He had actually initiated the legal proceedings himself, filing a claim under the Fair Work Act...
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