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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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…
