Restraint clauses should be carefully drafted to ensure their enforceability. Several recent cases have shed light on the way that the courts are interpreting trade restraints between employers, contractors and employees.
- Solicitation of clients and customers – Commsupport Pty Ltd v Mulligan & Mirow
- When will a restraint relating to customer connections be upheld?
- Quantum Service and Logistics Pty Ltd v Schenker Australia Pty Ltd – when employers agree not to poach each other’s employees?
- Can contractors be bound by restraints of trade? Isaac v Dargan Financial Pty Ltd [ 2018]
- How courts will consider restraint of trade covenants in contractor agreements, and the circumstances in which they are likely to enforce them