CONTRACTS – restraint of trade – where restraints in shareholders agreement and employment agreement contain cascading provisions in relation to restraint duration and restraint area – whether restraints are void for uncertainty – whether restraints are reasonably necessary to protect legitimate interests of first and fifth respondents – HELD: restraints valid to an extent
Recent cases about restraint of trade
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Moroney v TM Insight Operations Pty Ltd [2025] FCA 1337
CONTRACTS – restraint of trade – where restraints in shareholders agreement and employment agreement contain cascading provisions in relation to restraint duration and restraint area – whether restraints are void for uncertainty – whether restraints are reasonably necessary to protect legitimate interests of first and fifth respondents – HELD: restraints valid to an extent
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Pennytel Australia Pty Limited v Engelke [2025] FCA 1384
CORPORATIONS – whether first and second defendants contravened ss 182 and 183 of the Corporations Act 2001 (Cth) by misusing their position as employees by taking confidential information – whether third defendant was a person involved as an accessory in any contraventions – finding on the facts that no contraventions occurred CONTRACT – whether original…
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Blue Rock Australia PL v Kaushik [2025] FCA 176
PRACTICE AND PROCEDURE – interlocutory application for urgent injunctive relief – where respondent a former employee of applicant’s – where employment contract contained restraint clause prohibiting post-employment solicitation of clients – where respondent tendered resignation to commence employment with applicant’s competitor – where applicant seeks injunction to prevent solicitation of clients – enforceability of covenants…
