Drafting and enforcing restraints of trade for employees and contractors

Dec 4, 2019

11:45 am

Restraint clauses should be carefully drafted to ensure their enforceabilitySeveral 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
  • Chris Harriss

    Senior Associate

    Doyles Construction Lawyers

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