Restraint of Trade

Restraint of trade clauses are contractual restrictions that limit a person’s ability to work or conduct business during or after an employment or commercial relationship, and can have significant implications for future roles or business activity.

We help:

  • Understand what restrictions apply during or after an employment or business relationship, including their duration and location
  • Assess how restraint provisions may affect future employment or business plans
  • Identify when restraint provisions may create risk or uncertainty
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Award Winning Law Firm – Top Specialist Firm & Top Boutique Firm (Australasian Lawyer)

First class advice, service, and communication. I have had the pleasure of working with Velocity Legal for many years across a range of challenging matters and they never fail to impress.

Grant F

Their meticulous attention to detail, unwavering professionalism and strategic approach have delivered an outstanding result. Their level of service is nothing short of impressive.

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From the initial consultation to the final resolution, they provided exceptional
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We are an accounting firm that works closely with Velocity Legal on all our client's legal matters… Every client who works with their team is delighted and impressed by the clear advice, efficient communication, and seamless process.

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I highly recommend the team at Velocity Legal. They are extremely knowledgeable, professional, have an eye for detail and their work ethic is second to none.

Mark P

They provided so much support and guidance through the process and I felt like they genuinely cared about getting the right outcome for me. They obviously know their stuff but were able to explain things in a simple and clear way.

Natalie F

Approachable, honest, professional and transparent. An absolute pleasure to work with.

Bob W

4.9
74 Google Reviews
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We Understand What You Are Going Through

Restraint of trade issues often arise during periods of transition, such as when an employment or commercial relationship is ending, or a new role is being considered. You may be unsure how restrictions in an agreement apply to future work or business activity.

Employees may be concerned about limits on future work, while employers may focus on protecting confidential information, client relationships, or goodwill. This difference in perspective can make restraint issues difficult to navigate.

We understand these situations can create uncertainty. We help you approach restraint of trade matters in a calm and practical way, so decisions are made with clarity and confidence.

Our Services Include

  • Reviewing and interpreting restraint of trade clauses in employment, contractor, and commercial agreements
  • Assessing the scope and operation of non-compete and non-solicitation restraints
  • Clarifying the duration, geographic scope, and activities covered by restraint provisions
  • Drafting and refining restraint of trade clauses to protect legitimate business interests
  • Assisting where restraint provisions are disputed or challenged
  • Advising employers and employees on how restraint provisions interact with commercial and competitive interests
Our Difference
Accountability & Expertise

Every matter we handle comes with full accountability. You’ll deal directly with an expert – every time, no exceptions.

In Your Shoes

Understanding your unique circumstances and goals - so our advice is practical, personal, and never given in a vacuum.

Transparency & Communication

We speak your language. That means plain, clear advice - what’s happening, why it matters, and what comes next.

50+
Australian Based Team
4,000+
Matters Expertly Handled
10+
Awards & Industry Recognition

Our Process

  1. Book Meeting
    Fill in the contact form below or call our office to book an initial consult. You can choose between in-person or video conference.
  2. Get Advice

    You’ll discuss your situation in depth with a senior lawyer. This includes exploring your requirements, goals, and desired outcomes. You’ll walk away from this meeting with a clear understanding of the next steps.
  3. Achieve Outcomes

    Our legal team will work tirelessly to achieve your desired objectives. We work hard, communicate regularly, and pride ourselves on delivering results.
Contact
Take the First Step Today

You don’t have to figure this out alone. Book an initial consult with our expert legal team and get clear answers about your situation.

  • Transparent quotes (no ‘bill shock’)
  • Rapid response
  • Award winning team
Andrew Henshaw
Managing Director
Award Winning Law Firm – Top Specialist Firm & Top Boutique Firm (Australasian Lawyer)
Our Directors

Managing Director

Andrew Henshaw

Director

Greg Thomas

Director

Jess Hill

Director

Rajan Verma

Director

Seamus Ryan

Frequently Asked Questions
Are all restraint of trade clauses enforceable?
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Restraint of trade clauses are not automatically enforceable. Whether a restraint can be enforced depends on factors such as its scope, duration, geographic reach, and the interests it seeks to protect.
How do non-compete and non-solicitation restraints differ?
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Non-compete restraints generally restrict a person from working in a competing role or business, while non-solicitation restraints limit contact with clients, customers, or staff after a relationship ends. Both types of restraint can appear in employment or commercial agreements.
Why can restraint clauses be difficult to interpret?
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Restraint clauses can be difficult to interpret where terms relating to duration, location, or restricted activities are unclear or broad. Different interpretations by employers and employees can also affect how a restraint is understood in practice.
Why are there multiple options listed in a restraint period, such as 12 months, 6 months, or 1 month?
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Some restraint clauses include a series of alternative time periods, sometimes referred to as cascading or ladder clauses. These are designed to allow the restraint to operate for the longest period considered enforceable.

Take the First
Step Today

You don’t have to figure this out alone. Book an initial consult with our expert legal team and get clear answers about your situation.

  • Transparent quotes (no ‘bill shock’)
  • Rapid response
  • Award winning team
Book Consult
4.9
74 Google Reviews
Award Winning Law Firm – Top Specialist Firm & Top Boutique Firm (Australasian Lawyer)