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 in restraint of trade – whether prima facie case established – whether balance of convenience favours grant of injunction – application dismissed.
Related cases – restraint of trade
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Broadband Solutions Pty Ltd v Ramirez [2024] FCA 1009
CORPORATIONS – application for interlocutory relief – employment contract – restraint and confidentiality clauses – alleged breaches of contract – prima facie case established – balance of convenience favours granting of injunction
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Avant Group Pty Ltd v Kiddle [2023] FCA 685
CONTRACTS — interlocutory application by the plaintiff seeking injunctive relief against the defendant, a former employee — where defendant had established her own business and admitted to soliciting the plaintiff’s clients — where the defendant’s employment agreement included post-employment restraint of trade clauses — whether contractual obligations survived the termination of the employment agreement in…
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Energy Action (Australia) Pty Ltd v Ritson [2024] FCA 565
PRACTICE AND PROCEDURE – application for interlocutory injunction purportedly restraining disclosure of confidential information – where applicant is an energy broker and respondent is a former employee – whether balance of convenience favours injunction – where substantial delay in seeking injunction – where terms of injunction are excessive, will inevitably lead to future disputation, and…
