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Answered in 15 minutes by:
6/2/2009
Maurice, Lawyer
Category: Australia Law
Satisfied Customers: 2,764
Experience: Lawyer (Juris Doctor, MBA IntBus) with 25 years Australian Business Experience at Your Service
VerifiedHelloCustomer
What your referring to which would prohibit that type of activity is a restraint of trade clause (ROT) and these can not be too onerous otherwise they will not be enforced by the courts, you can not stop an individual from making money out of their chosen career path regardless of who they work for unless there is a big payout to stop them from working with competitors
The confidentiality clause is similar to the ROT clause - the weakness in both is they have no specific penalties in most cases associated with them
I trust this information is of assistance and that you will kindly accept my answer as I wish you the best in this matter
Regards
Maurice
What your referring to which would prohibit that type of activity is a restraint of trade clause (ROT) and these can not be too onerous otherwise they will not be enforced by the courts, you can not stop an individual from making money out of their chosen career path regardless of who they work for unless there is a big payout to stop them from working with competitors
The confidentiality clause is similar to the ROT clause - the weakness in both is they have no specific penalties in most cases associated with them
I trust this information is of assistance and that you will kindly accept my answer as I wish you the best in this matter
Regards
Maurice
Maurice, Lawyer
Category: Australia Law
Satisfied Customers: 2,764
Experience: Lawyer (Juris Doctor, MBA IntBus) with 25 years Australian Business Experience at Your Service
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