Qudos had engaged Infosys to create a fully integrated banking platform, including core banking services, customer relationship management, online banking, mobile applications and other systems.
The bank began preliminary investigation proceedings against the developer in November, after concerns that Infosys might misuse its information to develop similar software for the Australian Military Bank.
Infosys has already provided the court with certain documents and computer codes as part of the action, but has resisted producing other documents requested by Qudos.
The developer has now been ordered to produce documents recording the development and preparation of the AMB software as well as additional source code of two Infosys software projects.
In the May 20 judgment, Justice Stephen Burley said there were “common elements in the structure” of the AMB and Qudos codes, with “unexplained references to Qudos” in the AMB code.
Justice Burley found that the bank had reasonable grounds to believe that its rights had been violated, adding that Qudos could not reasonably determine whether or not to take further legal action against Infosys.
“During the period Infosys was working on the Qudos Bank contract, we became aware of striking similarities between the software developed for our project and the AMB project,” said Andrew Leithhead, chairman of Qudos Bank.
“This made us concerned that our intellectual property had been misused and that our trust had been violated.
“We took this very seriously and initiated legal action to obtain information to determine whether our copyrights had been infringed, whether the terms of our contract had been violated, and whether confidential information had been used to ill-advised.”
