Australia Law
Have Australian law questions? Ask a lawyer now.
Connect one-on-one with {0} who will answer your question
Answered in 8 minutes by:
4/18/2012
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
Experience: Dip Law LPAB - Sydney based lawyer
VerifiedYou cannot be successfully sued unless you actively breach the contract, so if it is simply the case that a former client has contacted you then you should be safe.
Even if you go on to provide some service or product to the former client, then unless your contract with your previous employer explicitly states that you are not to accept or deal with customers or former customers of the employer then you should be fine.
Usually such restraint clauses simply prevent you from approaching such clients or former clients for a period, but such clauses are generally read down so as to protect the legitimate interests of an employer. They generally do not prevent you from accepting clients who approach you directly and without any encouragement from you.
Naturally, you should review your former employment contract closely to see exactly what it says, but I would be surprised if its wording was so strict that it somehow made you liable for merely being contacted.
You also should check your contract to see if there are any clauses that prevent you from operating or setting up a business which competes with your former employer for a period. If there is, regardless of whether you are taking former clients or not, you may be in breach of your contract with your previous employer.
I trust the above assists your understanding.
If you have a follow up question, please ask and I shall try to assist.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
Experience: Dip Law LPAB - Sydney based lawyer
VerifiedPatrick H. and 87 other Australia Law Specialists are ready to help you
I do not think you would be caught by the "solicit or persuade" clause if you took no action and were simply approached by a former client who had decided to cease using your former employer.
You will very likely, however, be caught by the provision against trading in competition if you accept business from this person and it is of a sort which competes with your former employers business.
I trust this assists.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
Experience: Dip Law LPAB - Sydney based lawyer
VerifiedPatrick H. and 87 other Australia Law Specialists are ready to help you
Sorry, you only said that the former client contacted you. I took this to mean that they wanted to contract with you. If they want to employ you then you should be fine based on the contract provisions you have quoted to me.
However, check to see whether your previous employment contract included a definition of trading in competition, which may have included working for a competing business.
Also be aware that regardless of what is in the contract, you cannot use or divulge your former employers confidential knowledge in your new role.. such as client lists.
I trust the above assists.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
Experience: Dip Law LPAB - Sydney based lawyer
VerifiedPatrick H. and 87 other Australia Law Specialists are ready to help you
I note that you haven't clicked accept for any of my previous responses which means Just Answer has not paid me for my time or effort in answering your previous questions.
Please click accept whereupon I will attempt to assist you further.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
Experience: Dip Law LPAB - Sydney based lawyer
VerifiedPatrick H. and 87 other Australia Law Specialists are ready to help you
How JustAnswer works
Describe your issueThe assistant will guide you
Chat 1:1 with a solicitorLicensed Experts are available 24/7
100% satisfaction guaranteeGet all the answers you need
Related Australia Law Questions
I am soon to finish up at my full time job, and a number of
Hi, I am soon to finish up at my full time job, and a number of clients have approached me and want me to complete freelance work for them. I have a restraint of trade clause in my contract that says;… read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
How are you? Hoping you can help regrading Restraint of
Hi Pearl, How are you? Hoping you can help regrading Restraint of Trade? … read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
I'm looking to get a legal advice. One of my friends has
Hi I'm looking to get a legal advice. One of my friends has received a warning email from ex-employer stating "Soliciting employees". They hasn't done anything unfair, no legal action or notice hasn't… read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
I want help re-writing a clause in my contract. My business
Hi - i want help re-writing a clause in my contract. My business is a female music booking agency. A lot of the artists on it are managed by other people and/or with other booking agencies as well whi… read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
I have started a sole trader Driving School and have
Hello, I have started a sole trader Driving School and have advertised in the local paper and put out some flyers. My past employer today sent me a letter claiming I was in breach of my employment con… read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
I work in Sydney nsw as an insurance broker and due to
Hi, I work in Sydney nsw as an insurance broker and due to commence new employment shortly. I have a 12 month restraint period with my former employer and will obviously not solicit any clients. Howev… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
I am just starting my own Emergency Management Consulting
Hi Patrick, I am just starting my own Emergency Management Consulting business in Brisbane. My concern is the restraint clause below. I am currently updating my Linked In Profile, which is like a face… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
I was a consulting subcontractor to a company called Strategy
I was a consulting subcontractor to a company called Strategy and Action. Does this clause mean that I can't provide services to clients that used to work with me, even though the clients have contact… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
My wife works currently for a small business owner and has
My wife works currently for a small business owner and has done so for the past 8 years. She is basically the 2IC to the owner. She is in the process of planning to start her own business in the same … read more
Patrick H.
Lawyer
5,422 satisfied customers
Does the Trade Practices Act (Australia) mean that you cannot
Does the Trade Practices Act (Australia) mean that you cannot have contact with a previous "client" / do business with them for a specified time? How is it enforceable? Does it make a difference if th… read more
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
7,683 satisfied customers
I work in IT services and I left my previous employer (Company
I work in IT services and I left my previous employer (Company A) about a month ago. I had a strong relationship with one of their clients who wanted to follow me to my new employer. They contacted me… read more
Sean
Experienced lawyer
Bachelor of Law with First Class Honours
855 satisfied customers
I have recently resigned from previous employment. I had a
I have recently resigned from previous employment. I had a 2yr non soliciting clause. I have joined another company and my previous customers from previous firm have contacted me asking me where I am … read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
I am wondering if I can receive some advice in relation to
I am wondering if I can receive some advice in relation to restraint of trade clauses. I worked as an accountant for a firm and have decided to open my own accounting practice. Clients from my previou… read more
Patrick H.
Lawyer
5,422 satisfied customers
I have question about Non solicitation clause in my employment
I have question about " Non solicitation clause" in my employment contract. I signed employment contract with recuriment agency "X" a year ago to work for company "A". After nine months, I resigned th… read more
Brisbane-Lawyer
Lawyer & Solicitor
Master
14,357 satisfied customers
I signed an employee agreement, drawn up by my employer, this
I signed an employee agreement, drawn up by my employer, this included a non-compete clause of types. During a previous conversation with my then employer, she admitted to me that the contract wasn't … read more
Brisbane-Lawyer
Lawyer & Solicitor
Master
14,357 satisfied customers
Hi There. I have ceased work from an employer and after brief
Hi There. I have ceased work from an employer and after brief employment elsewhere, I was approached by an employee of a client of my previous employer (where I had previously worked). I was offered a… read more
Brisbane-Lawyer
Lawyer & Solicitor
Master
14,357 satisfied customers
I want to seek legal advice regarding the non-solicitation
I want to seek legal advice regarding the non-solicitation terms that I signed with my previous employer. I left that employer in end Sept 2010 and started my own business. From the agreement that I s… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
I was a Casually paid employee (no entitlements paid) working
I was a Casually paid employee (no entitlements paid) working in Events Management field. Was offered a low paid Permanent P/Time positions, declined and was told no more casual work was available. I … read more
Maurice
Lawyer
Master's Degree
1,980 satisfied customers
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
JustAnswer in the News:
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
What Customers are Saying:
Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!
Edmond, OK
My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.
Redwood City, CA
I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
Wichita, KS
PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.
Houston, TX
Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!
Atlanta, GA
It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.
Apopka, FL
Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.
Freshfield, Liverpool, UK
< Previous | Next >
Meet the Experts:
Sean
Experienced lawyer
855 satisfied customers
Law degree with 1st class honours from Australian National University.
Darren Kruse
Solicitor
16 satisfied customers
Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.
John Melis
Lawyer
35,824 satisfied customers
Family Law, Commercial Law, Property law, Probate & Wills, Employment Law, International Law, Criminal and Traffic Law, Litigation Tribunal & Courts
Leon
Solicitor
33,544 satisfied customers
BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Daniel
Solicitor
7,683 satisfied customers
Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
Patrick H.
Lawyer
5,422 satisfied customers
Dip Law LPAB - Sydney based lawyer
James D. Ford
Solicitor
1,600 satisfied customers
Lawyer | Founder & CEO at Blue Ocean Law Group
< Previous | Next >
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
