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ARTICLE · 29 JANUARY 2012

Protecting your business' interests using restraints of trade

Holding Redlich
Holding Redlich
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The article helps to review current restraint clauses and to consider what restraint clauses may be needed in future.

AustraliaAntitrust/Competition Law
Joel Zyngier
Joel Zyngier
Natalie Dalpethado
Natalie Dalpethado
Michael McIver
Michael McIver
Evan Willis
Evan Willis
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This article provides tips on how to better protect your business interests after a contractual relationship ends. The article aims to provide some insights to help you to review the restraint clauses that you may have in place and to consider what restraint clauses you may wish to use in future.

Restraints of trade are used in commercial and employment contracts to restrict the freedom of parties after a contractual relationship ends. Restraints are critical where a business has legitimate business interests to protect, for example, confidential information, customer connection and goodwill and connections with employees and contractors. Courts are more willing to find that restraints are reasonable in commercial dealings.

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