Fast, Strategic Advice on Enforcing or Challenging Restraints
Restraint of trade clauses are designed to protect businesses, but they must be reasonable, enforceable, and used strategically. Whether you’re trying to stop a former employee from poaching clients, prevent a contractor misusing confidential information, or challenge a restraint you believe is unfair, you need clear, commercial advice.
At Enterprise Legal, we assist clients across Australia with all aspects of restraint of trade disputes. We act quickly and decisively to enforce valid restraints, defend against unreasonable ones, and resolve disputes before they escalate.
We offer fixed or capped fees wherever possible, including for contract reviews, cease and desist letters, and urgent applications.
Where Restraints Commonly Arise
Restraint of trade clauses often appear in:
- Employment contracts, restricting post-employment competition, client solicitation, or use of confidential information
- Contractor agreements, especially in industries where client relationships and IP are valuable
- Business sale agreements, where the seller agrees not to compete or solicit clients for a certain period or in a defined region
- Partnership and shareholder exit arrangements, where former owners or executives are restricted from operating a competing business
These clauses are only enforceable if they are reasonable in scope, duration and geography, and go no further than needed to protect a legitimate commercial interest.
For advice on preparing contracts with restraint clauses, see our Employment Documentation, Share Sales, or Business Documents pages.
Enforcing a Restraint of Trade Clause
If a former employee, contractor, or business seller is breaching a restraint clause, we act quickly to:
- review the enforceability of the clause
- issue a cease and desist notice (where appropriate)
- negotiate enforceable undertakings or restrictions
- prepare or defend urgent injunctive relief proceedings
- pursue compensation or other remedies if loss has occurred
Restraint breaches often require fast legal intervention. The longer the breach continues, the harder it may be to stop, particularly if client relationships or goodwill are being eroded.
Challenging an Unfair Restraint
We also act for individuals and businesses defending against aggressive or excessive restraint clauses. You may have grounds to challenge a restraint if it:
- restricts your ability to work in your industry altogether
- applies for an unreasonable time or in an excessive area
- lacks a genuine business justification
- was never clearly agreed upon or explained
We’ll help you assess your position and take steps to resolve the dispute — or defend proceedings where necessary.
If your matter also involves unfair dismissal, contractor disputes, or exit strategy, see our Employment Disputes or Business Advisory pages.
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Restraints of Trade FAQs
Need help with a restraint of trade issue?
Book a consultation with our experienced national restraint dispute lawyers today and get a clear, strategic plan to protect your business or defend your position.
