Restraints of Trade Clauses & Disputes
Cronin Miller Litigation offers expert legal services in restraints of trade clauses and disputes, protecting your business interests on the Gold Coast. Our team helps clients enforce or challenge these clauses in employment, sale of business, and partnership agreements. We provide tailored advice to ensure clauses are reasonable and enforceable under Queensland law.
What Are Restraints of Trade?
Restraints of trade clauses restrict individuals from competing with a former employer or business, typically including non-compete, non-solicitation, and non-dealing provisions. Courts assess enforceability based on reasonableness in scope, duration, and geography, balancing legitimate business interests against public policy favouring free trade. Overly broad clauses are often void, but “blue pencilling” may allow courts to sever unreasonable parts.
Common Scenarios We Handle
- Employment disputes where ex-employees join competitors or poach clients.
- Business sales with post-sale restraints to protect goodwill.
- Partnership or shareholder agreements preventing solicitation of clients or staff.
- Our real estate litigation experience includes advising agencies on restraint breaches in employment contracts.
Our Services
We assist with:
- Drafting robust, enforceable restraint clauses during contract negotiations.
- Advising on clause validity before signing or acting.
- Litigation, including urgent injunctions to stop breaches.
- Dispute resolution via mediation, negotiation, or court proceedings.
- Damages claims, accounts of profits, or settlement deeds.
Cronin Miller Litigation, based on the Gold Coast since 2006, specialises in commercial disputes with a client-focused approach. Contact us for a consultation to safeguard your interests.