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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Restraints of trade will be strictly interpreted against employer

Restraints of trade will be strictly interpreted and against the party seeking to enforce them “Earlier in this judgment I…

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Cascading restraints; the doctrine of severance

The doctrine of severance in restraints of trade In I F Asia Pacific Pty Ltd v Galbally,[54] Dodds-Streeton J stated:…

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Principles for valid restraints of trade

“The principles to be applied in assessing the enforceability of a restraint of trade provision are not controversial. Both parties…

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When will a restraint of trade be upheld?

At common law, in order for a restraint to be enforced, it must be: (i) reasonable, having regard to the…

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Gardening leave; does a restraint of trade start then?

The issue whether a period of gardening leave counts as service for calculating the length or term of a restraint…

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Restraint of trade law explained

The general principle is that a restraint of trade is prima facie invalid, but may be enforced if it affords…

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Will employer’s breach of contract release employee from post employment restraints?

Where an employer breaches a contract of employment in a fundamental and serious way, (for example by wrongfully dismissing an…

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Validity of restraints of trade (post employment)

Although the following statement of the law is based upon legislation in New South Wales, it mirrors the common law…

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Lawyers beware; restraint of trade clauses must be very carefully drafted

Several days ago, I wrote about the issue of restraints of trade in employment law, and in that post begged…

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