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Recorded Webinars

Recorded Webinar: A Shot Across the Bow: Drafting Restraint Clauses for Maximum Effect

Restraints on the employment of key personnel following departure is a common feature of many employment or sale of business contracts. However, the courts have increasingly limited the scope and reach of these clauses. This session will explore the current legal position on rest
PRESENTED BY Jennifer Wyborn Partner - Clayton Utz , Canberra

Date/Time

About the Webinar

Restraints on the employment of key personnel following departure is a common feature of many employment or sale of business contracts. However, the courts have increasingly limited the scope and reach of these clauses. This session will explore the current legal position on restraint clauses and provide a guide to effective drafting, including:

  • Why have a restraint clause? When will a restraint clause be an essential contract term?
  • What personnel are restraint clauses appropriate for?
  • Typical limits in restraint clauses, from geographical to work activities
  • Strategies for drafting restraint clauses – purpose, validity and effect
  • Are cascading provisions effective?
  • When will a restraint clause be considered to have gone too far? Validity and public policy issues
  • Examples of restraint clauses and lessons from the courts including AECI Australia Pty Ltd v Convey [2020] QSC 207
  • What does a reasonable restraint look like? A drafting guide and examples
  • Other options for restraining personnel following termination – are they more effective or more likely to succeed?

Presented By

Jennifer Wyborn
Partner, Clayton Utz Canberra, ACT

Trusted by her clients for her strategic approach to resolving employment and industrial matters, Jennifer Wyborn is known as a "flexible, approachable, responsible and pragmatic" adviser who "really understands her clients' business" and helps them manage their difficult employment and human resources matters sensitively.

"Jennifer doesn't look at things from a billing point of view. You don't feel like you're a six-minute increment bill with Jennifer. For her, it's all about getting the best outcome for her clients."

An accredited specialist in employment and industrial relations, Jennifer brings a savvy and strategic approach to her clients' problems, whether it's brokering difficult enterprise agreements or managing workplace safety incidents. And when disputes arise, Jennifer brings them to a successful conclusion, using alternate dispute resolution or litigation in the Fair Work Commission or court.

Who Should Attend?

This webinar is suitable for lawyers practising in commercial law – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

CPD Information

Lawyers can claim 1 CPD unit/point – substantive law .

WA Lawyers – From 1/4/2021, due to changes to your CPD requirements we are unable to verify your completion of recorded webinars to the Legal Practice Board of WA.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]

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