Restraint of trade

  • Labor plan to abolish non-compete clauses from 2027

    Labor plan to abolish non-compete clauses from 2027

    On 25 March 2025, the Albanese Labor government announced in its 2025-26 Budget (Budget), that it intended to abolish non-compete clauses in employment contracts for approximately three (3) million workers from 2027.

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  • My client poached my software developers – what can I do?

    My client poached my software developers – what can I do?

    This article examines how professional service businesses can protect their investment in employees from clients poaching them. It looks at potential clauses such as client agreements, non-solicitation of employees, restraints of trade, confidential information, copyright and more.

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  • Restraint of trade clauses in commercial contracts

    Restraint of trade clauses in commercial contracts

    This article examines a Court decision that tested the enforceability of a 10-year restraint of trade clause in a commercial contract. Find out what the Court decided and the implications for the parties involved.

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  • Restraint of trade in commercial contracts – a systemic approach

    Restraint of trade in commercial contracts – a systemic approach

    This article provides an invaluable overview of restraint of trade clauses (ROTs). It examines the enforceability of ROTs, their test of reasonableness, and the role of the Court in determining their reasonableness, providing a valuable guide for those wishing to draft and enforce them.

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