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Tag Archives: Restraint Clause

Court enforces IT employee’s 4 year restraint of trade

The Supreme Court of Victoria has granted an injunction to an IT company (‘the Applicant’) that commenced an interlocutory application to have an employee (‘the Employee’) restrained from working for a competitor for four years. Prior to June 2016, the Employee had a company which owned 40% of the shares in the Applicant’s company.  The…

Urgent action required to enforce restraint

In a NSW Supreme Court decision, Fairfax applied for an injunction to restrain a former employee from working for Yahoo!7. The employee commenced with Fairfax in 2009. In October 2011, he was promoted and subsequently signed another contract with Fairfax.  The contract contained a restraint clause that restrained the employee from working for a competitor…

Lessons from restraint of trade clauses

There have been a number of cases moving through State courts where parties have tried to enforce restraint clauses against former and even prospective employees.  These cases provide some important lessons to employers who are seeking to enforce restraint clauses. Network Ten Pty Ltd v Seven Network (Operations) Ltd In this high profile case before…