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Title: Restraints of Trade in New South Wales
Contributor(s): Moses, A (author)
Publication Date: 2004
Open Access: Yes
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Abstract: This aim of this article is to provide a general overview of the legal principles applying to restraint of trade clauses in the contract of employment and associated litigation. It looks at how restraint of trade clauses are enforced by employers, through the use of interlocutory injunctions, to protect trade secrets and confidential information. It also examines how employees may seek to invalidate restraint of trade clauses through the use of s 106 of the Industrial Relations Act 1996 (NSW). It reviews the factors relevant to an exercise of discretion by the Federal Court and Supreme Court to stay proceedings pending determination of s 106 proceedings, as well as discussing when the court will order the cross-vesting of s 106 proceedings from the New South Wales Industrial Relations Commission to the Supreme Court of New South Wales. The focus of this article is primarily on the legal position in New South Wales, where the common law is substantially modified by the statutory overlay of the Restraints of Trade Act 1976 (NSW) and the Industrial Relations Act 1996 (NSW).
Publication Type: Journal Article
Source of Publication: University of New England Law Journal, 1(2), p. 199-223
Publisher: University of New England
Place of Publication: Armidale, Australia
ISSN: 1449-2199
HERDC Category Description: C2 Non-Refereed Article in a Scholarly Journal
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Appears in Collections:Journal Article

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