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My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.
What does the restraint of trade clause say?
Ok did you trade in victoria?
It is very wide as it stops you working in Victoria and you may not be able to earn a living.
If you have not been trading in victoria you are not in breach.
Does it also mention not to contact customers of the former business, and if so did you do that?
Do you have a copy of what you have signed?
Is the wording
Time of settlement, Two (2) years Distance:Radial distance of 30 kilometeres from the Business Premises
Updated restraint of trade and signed, Time from date of settlement Three years (3) years Distance The State of Victoria
If the latter did you sign this after the contract?
Did you have a lawyer acting for you?
It is too broad and you can have the court change it.
Did they have a solicitor and did you sign in front of the solicitor?
I mean the contract. When you signed it, did you go to their solicitors office.
If you did they owed you a duty of care to tell you of the changes before you signed and you can report them for that failure.
Here is how the courts deal with the clauses.
Even though you were selling a business the idea is the same.
Did your solicitor go through the contract with you? Was this explained to you?
If your solicitor prepared the contract he should have noticed the change.
There could be some negligence in this.
Have you spoken to him?
You can fight this and you will be successful but the problem is it will cost you money
You have to ask them when did the clause change and that when you signed you believed it was the original clause.
They will assist you in dealing with this and they will also tell you what happened with the contract.
All the best
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