Restraint

Are Restraints enforceable?

I am regularly asked the question – “Are restraints in an employment context enforceable”? A restraint of trade clause is presumed void as it is against public policy to prevent a person from working. However, all is not lost! Restraints are enforced by the court when the employer has a genuine interest to protect, and,

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Trust and Confidence in Employment Contracts

On 10 September 2014 the High Court handed down the decision of Commonwealth Bank of Australia v Barker [2014]HCA 32. The decision overturned previous lower court decisions that mutual trust and confidence was an implied term in all employment contracts. This judgment means trust and confidence is not an implied term in employment contracts in

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Risks in financial services for consumers

The Senate Inquiry into ASIC (The Australian Securities and Investment Commission) has highlighted the risk that consumers face currently in the realm of financial services. The risk is particularly high when lending organisations such as Banks are providing financial advice. The risk is that financial advice will favor products provided by that lending organisation rather

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Be careful of Facebook posts…

I have written before on the risks what you post on Facebook. People constantly take risks with what they post on Facebook and for that reason I think there is always a place for a further reminder. Recently the daughter of a US man took to Facebook boasting about her father’s settlement. The problem was

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