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Australia Non-Compete Agreements

Ius Laboris

A Big Swing and a Progressive Senate: What’s Next for Workplace Laws in Australia?

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Experts failed to predict the scale of the Albanese Government’s victory, securing re-election with a landslide. As counting concludes, this majority in the lower house will likely be complimented in the Senate. The...more

Littler

Australia’s Recent Federal Election Result: Implications for Employers

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Australia went to the polls on Saturday, May 3rd, and elected the Australian Labor Party (ALP) with an overall majority in Australia's federal congress, known as the House of Representatives. The ALP will also hold a Senate...more

K&L Gates LLP

Recent and Emerging Employment Law Changes Impacting Australian Employers

K&L Gates LLP on

Not long after intentionally underpaying employees became a criminal offence on 1 January 2025, additional workplace changes have been announced or made by the federal Labor government to further protect workers and stimulate...more

Seyfarth Shaw LLP

Why the negative impact of non-competes is overstated (Part 2)

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As we discussed in our previous blog on non-competes (as well as other types of restraint of trade), the move to add regulation has been gaining momentum since Federal Treasurer Jim Chalmers announced in August 2023 a...more

Seyfarth Shaw LLP

Why the negative impact of non-competes is overstated

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It seems like death by a thousand cuts. In August last year, Federal Treasurer Jim Chalmers announced a Competition Review to examine competition laws, policies and institutions to focus on reforms that would increase...more

A&O Shearman

Antitrust in focus - April 2024

A&O Shearman on

Spotlight on below-threshold merger reviews: doubts over European Commission’s powers while in depth probes launched in Italy - Last month, we reported on the landmark Advocate General (AG) opinion in Illumina/GRAIL. The AG...more

Seyfarth Shaw LLP

How will the potential ban of employment restraints affect Australian employers?

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Many Australian businesses use contractual restraints of trade to protect confidential information and customer relationships. In this update we answer frequently asked questions about the future of restraints of trade in...more

Seyfarth Shaw LLP

Will we win? The odds of success in restraint of trade cases

Seyfarth Shaw LLP on

When an ex-employee goes to a competitor or starts poaching clients or staff, employers often look to a restraint of trade clause to protect key business assets such as client relationships or company confidential...more

Seyfarth Shaw LLP

The Post-Employment Restraint As A Business Asset

Seyfarth Shaw LLP on

This is the case now more than ever given that the Supreme Court of Victoria’s decision in Just Group Limited v Peck [2016] VSC 614 (later affirmed on appeal) has arguably raised the bar for correctly drafting an effective...more

Seyfarth Shaw LLP

Prescribing the “minimum effective dose”

Seyfarth Shaw LLP on

Drafting and enforcing post-employment restraints has a lot in common with good medicine. It is necessary to prescribe only the “minimum effective dose” – the amount necessary to produce the desired outcome with minimum...more

Seyfarth Shaw LLP

Restraint Payments in Australia – Compliance Issues

Seyfarth Shaw LLP on

In the latest of our series of post-employment protection blog posts, we consider the compliance and regulatory issues that need to be thought through when drafting an effective post-employment restraint in Australia....more

Seyfarth Shaw LLP

Drafting and Litigating Post-Employment Restrictive Covenants in Australia – Tailoring Your Restraint to Ensure the Right Fit

Seyfarth Shaw LLP on

We will now look at the different types of post-employment restrictive covenants, and work through a checklist of questions employers should ask themselves when drafting a restraint to make sure it’s the right fit....more

Seyfarth Shaw LLP

Australia Non-Compete Update: the Difference Between Winning and Losing Restraint Litigation is Often Good Housekeeping

Seyfarth Shaw LLP on

An enforceable restraint of trade can be a key business asset. Or some might think about it as an insurance policy. The capacity to preserve customer connections, protect confidential information and discourage key executives...more

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