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Deed Of Non Competition Template for Australia

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Key Requirements PROMPT example:

Deed Of Non Competition

"I need a Deed of Non-Competition for the sale of my Sydney-based software development company, preventing the seller from competing within Australia and New Zealand for 3 years after the sale completion date of March 1, 2025, with specific focus on protecting our client relationships and proprietary technology."

Document background
The Deed of Non Competition is a crucial legal instrument used in Australian business contexts to protect legitimate business interests from competitive activities. It is commonly utilized in situations such as business sales, employment terminations, or partnership dissolutions where there is a need to prevent one party from competing with another within specific geographic and temporal boundaries. The deed format is specifically chosen over a standard contract as it provides stronger enforcement mechanisms and does not require consideration under Australian law. This document typically includes detailed provisions about restricted activities, territorial limits, duration of restrictions, and protection of confidential information, all structured to ensure compliance with Australian competition law and common law principles regarding reasonable restraint of trade.
Suggested Sections

1. Parties: Identifies and defines all parties to the deed, including full legal names and addresses

2. Background: Sets out the context and circumstances leading to the deed, including the relationship between the parties

3. Definitions and Interpretation: Defines key terms used throughout the deed and establishes interpretation principles

4. Non-Competition Obligations: Details the core restrictions on competitive activities, including specific prohibited actions

5. Duration of Restrictions: Specifies the time period during which the non-compete obligations will apply

6. Geographic Scope: Defines the geographical area where the restrictions apply

7. Confidential Information: Provisions regarding the protection and non-use of confidential information

8. Acknowledgments: Parties' acknowledgments regarding the reasonableness of restrictions

9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

10. Severance: Provisions for severing unenforceable terms while maintaining others

11. General Provisions: Standard boilerplate clauses including notices, governing law, and entire agreement

12. Execution: Formal execution block meeting deed requirements under Australian law

Optional Sections

1. Non-Solicitation of Employees: Additional restrictions on soliciting employees, used when protecting against staff poaching is relevant

2. Non-Solicitation of Customers: Restrictions on approaching customers, used in business sale or similar commercial contexts

3. Intellectual Property: Provisions regarding IP rights and restrictions, used when IP is a significant concern

4. Garden Leave: Provisions for garden leave periods, used in employment-related non-compete scenarios

5. Assignment and Novation: Rights to assign the deed, used in commercial contexts where business transfers are contemplated

6. Independent Legal Advice: Acknowledgment of receiving legal advice, used when one party may be at a disadvantage

7. Consideration: Detailed consideration provisions, used when specific payments or benefits are provided for the restrictions

Suggested Schedules

1. Restricted Activities: Detailed list of specific activities that constitute prohibited competition

2. Restricted Area: Detailed maps or descriptions of the geographical areas where restrictions apply

3. Competitor List: List of specific competitors or types of competitors covered by the restrictions

4. Confidential Information: Detailed description of what constitutes confidential information

5. Consideration Details: Schedule detailing any payment terms or other consideration for the restrictions

6. Key Customers/Clients: List of specific customers or clients covered by non-solicitation provisions

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions





































Clauses






























Relevant Industries

Professional Services

Technology

Healthcare

Financial Services

Retail

Manufacturing

Consulting

Legal Services

Information Technology

Pharmaceuticals

Engineering

Media and Entertainment

Education

Real Estate

Construction

Relevant Teams

Legal

Human Resources

Executive Leadership

Sales

Business Development

Research and Development

Product Development

Client Services

Operations

Strategic Planning

Relevant Roles

CEO

Managing Director

Senior Executive

Sales Manager

Technical Director

Chief Technology Officer

Business Development Manager

Senior Consultant

Department Head

Regional Manager

Product Manager

Key Account Manager

Research Director

Chief Marketing Officer

Operations Manager

Partnership Principal

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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