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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Blue Rock Australia Pty Ltd v Kaushik [2025] FCA 176 (11 March 2025)
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…
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Harman v Opus Recruitment Solutions – Australia Pty Ltd (Stay Application) [2024] FCA 1356
INDUSTRIAL LAW – application to declare restrictive covenants in an employment contract and shareholder agreement invalid – where each of the clauses are respectively the subject of exclusive jurisdiction clauses of New South Wales and England and Wales – applications for declarations that the employment ceased by reason of redundancy and also as to how…
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Next Generation Advice Pty Ltd (in liq) v Doumani [2024] FCA 1129
INJUNCTION – application for continuation of interim orders made on 13 September 2024 restraining respondents from soliciting applicants’ clients and staff, misusing the applicants’ confidential information, and general involvement in any business competitive with the applicants’ business – whether the applicant can establish it has a prima facie case and the balance of convenience favours…
