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Enforcement of Restraints

SWS Lawyers advises our clients regularly on restraints of trade, including in respect of high value employees, and acts on behalf of our clients in enforcing those restraints.

How we can help

  • Advising on and drafting restraints in employment contracts
  • Advising on enforceability of restraints
  • Drafting letters of demand to employees in breach of restraints
  • Advising on and acting on behalf of employers in enforcing restraints

Expertise

Restraints of trade are a complex but important area for businesses. While it can be advantageous for a business to have employees with valuable customer relationships and valuable experience built during their employment, we help our clients take steps to protect their business interests when a key employee leaves.

SWS Lawyers assists our clients by advising on and preparing post-employment restraints in employment contracts, as well as advising on any existing restraints. We also act on behalf of our clients in enforcing those restraints should an employee engage in conduct that breaches their restraint provisions.

SWS Lawyers can also assist in relation to commencing urgent Court proceedings to seek to enforce restraints against former employees before our clients incur any further damage. SWS Lawyers has extensive experience seeking such relief in a wide range of matters.

Their approach is always professional and delivered at a standard comparable to a capital city law firm. It is the clear strategic direction that has always impressed me about the SWS team.

-Director, Top 10 Australian Accounting Firm

We believe their ability to combine first rate legal expertise, commercial judgement and strong negotiating skills is rare amongst lawyers and provides us with a real competitive advantage in corporate transactions. We use SWS because of their ability, not their post code.

-Robert Radcliffe-Smith, Advent

The combination of rare legal expertise, commercial judgement and strong negotiating skills is rare amongst lawyers and provides us with a real competitive advantage in corporate transactions.

-Paul Valaire, Addcar

SWS has assisted with advice on securing and exercising complex property and commercial contractual rights and assisting with protracted contractual management and implementation. We value legal experts who can offer pragmatic and commercial legal solutions for our complicated matters. SWS Lawyers has consistently met these criteria.

-Leading AU/NZ Logistics Company

The team at SWS Lawyers have already showcased their professionalism, commitment, positive can-do attitude and insight into our needs and have a clear understanding of the disability sector.

-Garry West-Bail, Deaf Sports Australia
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