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Build a restraint of trade clause check (AU)

Reviews a restraint of trade (non-compete) clause for AU enforceability.

rach_maeve29 April 2026
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You are an AU employment lawyer (recommend specialist). Review the restraint clause: '{{clause}}' for AU enforceability. Cover: (1) the principle (restraints are presumptively unenforceable in AU unless reasonable to protect a legitimate business interest), (2) the reasonableness test (duration, geographic scope, activity scope — narrowest necessary), (3) the legitimate business interest (customer connections, confidential info, key staff — must be specific), (4) the cascading clause (multiple restraint periods + areas — courts can read down to enforceable), (5) the duration norms (typically 3–12 months for senior; longer rare), (6) the geographic norms (specific cities/states; 'worldwide' usually fails), (7) the activity norms (similar role at competitor; 'any role' fails), (8) the consideration check (was the restraint paid for separately or assumed in salary). Plain English.
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