12 month non-solicitation clause held enforceable against ICT on-hire employee: First lessons.

silhouette-of-scaleThe decision of the NSW Supreme Court in Thinkstorm Pty Ltd v Farah [2017] NSWSC 11 (per Lindsay, J) which was handed down on 30th January 2017, is instructive for what it tells us about the enforceability of non-solicitation clauses in professional on-hire employee contracts.

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Restraint of Trade and Cascading Clauses: How It All Came Tumbling Down!

spectacular-waterfalls-0068The recent decision of Victoria’s Court of Appeal in Just Group Limited v Peck [2016] VSCA 334 (20 December 2016) is a timely reminder to exercise care when drafting restraint of trade clauses.

Even when “cascading” provisions are used, parties should not expect the court to do the work of making an agreement for them.

The case concerned a restraint imposed by Just Group Limited to prevent its CFO, Ms Peck from joining a competitor, Cotton On. Continue reading