Restraints of trade in employment

The Victorian Supreme Court has upheld a 4 year restraint of trade which was entered into as part of a…

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How employers can guarantee a restraint of trade

It is now reasonably well settled in Australia that a post employment restraint of trade will not be upheld for…

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Restraints of trade; validity, repudiation and affirmation

It is well settled that an employer cannot rely upon a post-employment restraint of trade even if it is prima…

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Enforcing overseas restraints of trade in Australia

In a very interesting case in Western Australia’s Supreme Court, a US company sought to enforce by interlocutory injunction a…

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Restraints of trade; the balancing act

In a very hard fought and close run thing, a former employee, who, contrary to the strict terms of a…

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Restraints of trade; the legal principles

What are the the legal principles which govern the validity of restraints of trade?; here are the basics. “The parties…

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Restraints of trade in practice

Yesterday, I published a blog about the principles which govern restraints of trade. I did so by quoting from a…

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Unsigned employment contracts; what is the effect?

I am sometimes asked (most often when an employee is seeking to evade the effect of a restraint of trade)…

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What is good for the goose; balancing fairness in restraints of trade

Where a contract of employment contains provisions will purport to entitle an employer to terminate a restrained employee’s employment with…

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Relevant factors in testing restraints of trade

The fact that Ms Peck was prepared to agree to the restraints in her contract is a matter to which…

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