Restraint of Trade & Non-Compete Lawyers
Received A Cease And Desist Letter Or Been Accused Of Breaching A Restraint Of Trade?
Whether you’ve joined a competitor, started your own business, or received a cease and desist letter, it’s important to understand your legal position before responding.
Our employment lawyers advise employees across Australia on restraint of trade clauses, non-compete agreements and post-employment obligations. We’ll review your employment contract, explain whether the restraint is likely to be enforceable, and help you decide the best way to respond.
Get practical legal advice before responding to your former employer.
Have You Received A Threatening Letter From Your Former Employer?
You may need legal advice if:
- You have received a cease and desist letter.
- Your former employer claims you breached a restraint of trade or non-compete clause.
- You are starting your own business or joining a competitor.
- You have been accused of contacting former clients.
- Your former employer alleges you have used confidential information.
- You are unsure whether the restrictions in your employment contract are enforceable.
Getting legal advice early can help you understand your position before responding.
Restraint Of Trade & Non-Compete Clauses
A restraint of trade or non-compete clause may place limits on what you can do after your employment ends. Depending on the wording of your employment contract, it may attempt to restrict:
- Working for a competitor
- Starting a competing business
- Contacting former clients
- Soliciting former colleagues
- Using confidential information
- Working within a particular location or time period
Whether these restrictions are enforceable depends on your employment contract and the specific circumstances of your case.
Not every restraint of trade clause is enforceable. We can review your contract and explain where you stand.
How We Help
Review Your Employment Contract
Understand your restraint of trade, non-compete and post-employment obligations.
Explain Your Legal Position
Receive practical advice in plain English about your rights and options.
Respond To Cease And Desist Letters
We’ll help you assess the allegations and determine the most appropriate response.
Advise On Client And Confidential Information Disputes
Understand your obligations regarding former clients and confidential information.
Protect Your Business And Career
Practical advice before launching or continuing your new business.
Guide Your Next Steps
Clear recommendations tailored to your circumstances.
Our Process
1. Initial Consultation: Tell us what has happened and provide your employment contract or correspondence.
2. Contract Review: We assess your restraint of trade, non-compete and related clauses.
3. Clear Advice: We explain your legal position in plain language and recommend the next steps.
4. Response & Representation: Where appropriate, we help prepare responses or communicate with your former employer.
5. Ongoing Support: We guide you through each stage until the matter is resolved.
Why Choose DM Employment Law?
- Employment Law Specialists
We regularly advise employees and business owners on restraint of trade and employment disputes. - Clear And Practical Advice
We explain complex legal issues in straightforward language. - Commercially Focused Solutions
We understand the impact these disputes can have on your career or business. - Support From Start To Finish
From reviewing your contract to resolving the dispute, we’re here to help. - Australia-Wide Assistance
We advise clients across Australia.
Unsure whether your former employer can enforce a restraint of trade? Get clear legal advice before responding.
Frequently Asked Questions
Not necessarily. Whether a restraint of trade or non-compete clause is enforceable depends on the wording of your employment contract and the circumstances of your employment. Many clauses are broader than necessary and may not be enforceable. We can review your contract and explain your legal position.
Don’t ignore it, but don’t assume your former employer is automatically right. Before responding, seek legal advice so you understand your rights and obligations. We can review the allegations and advise you on the most appropriate next steps.
A restraint of trade clause is a provision in an employment contract that may restrict what you can do after your employment ends. It can include restrictions on working for competitors, starting a competing business, contacting former clients or employees, or using confidential information.
In many cases, yes. However, your employment contract may contain restraint of trade or confidentiality obligations that need to be considered. We can review your contract and advise whether the proposed business may breach those obligations.
As soon as possible. Early legal advice may help you avoid unnecessary disputes and ensure you respond appropriately if your former employer has threatened legal action. It can also help you understand your options before making important decisions about your next role or business.