• Commercial Law

    Commercial Law

    We are business people as much as we are lawyers. We will take care of the legal documents so you can confidently run your business.
    As your business grows, its risk profile and governance challenges will change. We partner with our clients over the long term to ensure they are in the driver’s seat for success.

  • Dispute Resolution

    Dispute Resolution

    We are in your corner when the going gets tough. Having resolved over 6,500 disputes for business owners have seen it all before.

    Whether you need a skilled negotiator or a fearless litigator, we specialise in delivering commercial results when:

    Customers refuse to pay;
    Suppliers let you down; and
    Business Partners do the wrong thing.

  • Employment & Safety

    Employment & Safety

    The biggest challenge for any business owner, is managing their employees.

    A difficult employee can make you question why you got into business in the first place and be toxic to your team morale.

    We deliver proactive solutions to manage your team via employment contracts, policies and procedures as well as handling employment disputes when they arise.

  • Property & Construction

    Property & Construction

    Property is the key most wealth in Australia.  Whether you are buying, selling, leasing or developing property, you need a lawyer you can count on.

    We can advise on the whole property development process from obtaining finance to development approvals, construction and sale or leasing.

    We also act for the Master Builders Victoria and have extensive expertise in construction contracts and disputes.

  • Family Law

    Family Law

    At Taurus Legal Management we understand the unique challenges clients encounter during family disputes, especially when children are involved. Our family lawyers specialise in handling high-asset cases with a focus on protecting clients wealth, securing their family’s future, and safeguarding the best interests of their children.


Did you know that employment contracts can stop employees from working for competitors, even after they have resigned? A properly drafted ‘restraint of trade’ clause can impact employees long after they have changed jobs.

The main employment restraints are:

  • Confidentiality: an employee may be restrained from disclosing any secret or confidential information obtained during the course of employment. What is categorised as ‘confidential information’ will generally include the employer’s clients (and potential clients), suppliers, financials, systems, processes and trade secrets.
  • Non-Solicitation: the employer may prohibit the employee from approaching the customers, suppliers or employees of the company
  • Non-Competition: in some circumstances the employer may even be able to prohibit employees from working for competitors or in the same industry.


Are employment restraints actually enforceable?


Yes, restraint of trade are enforceable if drafted correctly.

When enforcing an employment restraint, the court will consider the extent that it is ‘reasonably necessary’ to protect the employer’s legitimate interests. What is ‘reasonably necessary’ will depend on the wording of the clause and the facts of each situation. In particular, the court will consider:

  • The duration of the restraint. Generally, the shorter the restraint period, the more likely it will be enforceable;
  • The geographical location of the restraint. If the location of the restraint covers a large area (for example, all of Australia or the world), the court will be less likely to consider the restraint reasonable;
  • Whether the parties negotiated the restraint clause and whether they had equal bargaining power; and
  • The nature of the employer’s business and the employee’s role. The Court will be more likely to enforce a harsher restraint where the employee was senior or if the employee was also an owner of the business.

To overcome some of the above issues, employment restraints are generally drafted in a cascading fashion. This allows the court to ‘read down’ the clause until one of the restraints are considered reasonable.


As an employer, what can I do to ensure employment contracts are enforceable?


The first place to start is to make sure the restraint clause itself is drafted correctly. You can also make sure you regularly assess the needs of your company and what you reasonably need to protect. This may change with each employee’s position and the confidential information or client contact they have.

Should you need to dismiss an employee, you should take the opportunity to remind them of their employment restraints and their obligations post-termination. If the employee subsequently breaches their employment restraints, you should act quickly to demand that they cease.

For further information regarding employment restraints, please contact an Employment Solicitor at Taurus Legal Management team on 9481 2000.


Posted by Taurus Legal Management