Tag archives: restraint clause

Restraint of trade clause with more than 8,000 covenants certain and reasonable

A restraint of trade clause with 8,190 separate covenants was considered certain and not wholly unreasonable in a decision of the Supreme Court of Tasmania (Court). In Australia, restraint of trade clauses are, on the face of it, void as a matter of public policy.  However, Australian Courts may enforce a restraint of trade clause … Continue reading

Restraint of Trade under Australian law

The recent decision by the Victorian Supreme Court of Appeal in Wallis Nominees (Computing) Pty Ltd v Pickett [2013] VSCA 24 has reaffirmed that the Supreme Court will be reluctant to enforce restraint of trade provisions against departing employees, unless it is satisfied that the particular restraint is reasonable, having regard to the relevant facts. … Continue reading