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Recorded Webinars

Recorded Webinar: Prevention not Detention: Effective Restraint of Trade Clauses

Restraint of trade clauses can be effective in sales of business and employment relationships to retain and protect information, good will and a customer base. However, going too far can severely restrict freedoms of an individual to ply their trade and will raise the ire of the c
PRESENTED BY John Bennett Special Counsel - Coleman Greig Lawyers , Parramatta

Date/Time

About the Webinar

Restraint of trade clauses can be effective in sales of business and employment relationships to retain and protect information, good will and a customer base. However, going too far can severely restrict freedoms of an individual to ply their trade and will raise the ire of the courts. This session will provide a guide to finding balance in drafting restraint of trade clauses, including:

  • Common examples of restraint of trade clauses and how they can be effectively used
  • When will a restraint of trade clause be considered to have gone too far? An assessment of validity and public interest
  • When is a restraint clause appropriate and are there other alternatives?
  • Putting legitimate business interests to the test
  • Key elements of restraint of trade clauses including:
    • Application and ability for waiver
    • Chronological and geographical limits
    • Cascading provisions
    • Determining reasonability
  • Drafting tips and traps
  • Cases and examples including McMurchy v Employsure Pty Ltd; Kumaran v Employsure Pty Ltd [2022] NSWCA 201

Presented By

John Bennett
Special Counsel, Coleman Greig Lawyers Parramatta, NSW

John Bennett is a Special Counsel in Coleman Greig’s Commercial Advice team.

He has unique insights and experience from having advised the nicotine industry for over eight years. John is particularly knowledgeable on supply chain issues, competition and fair trading, product labelling, public health regulation, and customs and excise. He also has many years of experience in commercial and transactional advisory, and disputes and litigation.

Along with advising the nicotine industry he has more than a decade’s experience acting for and advising trade credit insurers, large trade suppliers, banks and other financiers, insolvency practitioners, and various SMEs and individual clients.

An astute practitioner, John believes in looking after clients first and foremost. He looks to facilitate their commercial goals and provide them with solutions and recommendations.

Who Should Attend?

This webinar is suitable for lawyers advising on commercial law matters – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

CPD Information

Lawyers can claim up to 1 CPD unit/point – substantive law. This webinar has been designed to run for 1 hour, however, webinar lengths can vary depending on the level of questions and discussion.

WA lawyers – Please note that TEN is unable to verify your completion of recorded webinars to the Legal Practice Board of WA. TEN is an accredited provider.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]

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