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Non Compete Contract Template for Australia

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Key Requirements PROMPT example:

Non Compete Contract

"I need a Non-Compete Contract for a senior software developer leaving our Sydney-based tech company in March 2025, with a 12-month restriction period covering Australia and New Zealand, including specific provisions for protecting our client relationships and proprietary code."

Document background
The Non-Compete Contract is a crucial legal instrument in Australian business relationships, commonly used to protect legitimate business interests such as trade secrets, customer relationships, and confidential information. This document is typically implemented in employment terminations, business sales, or contractor engagements where one party gains access to sensitive business information or key relationships. The agreement must comply with Australian competition law and common law principles, which require that restraints be reasonable in duration, geographic scope, and protected interests. Courts will only enforce non-compete provisions that demonstrate a legitimate business interest and reasonable restrictions. The document includes specific details about restricted activities, temporal and geographical limitations, and consideration provided in exchange for the restraint.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including full legal names and addresses

2. Background: Context of the agreement, relationship between parties, and legitimate business interests being protected

3. Definitions: Clear definitions of key terms used throughout the agreement, including 'Confidential Information', 'Restricted Business', 'Territory', etc.

4. Restraint Period and Territory: Specific duration and geographic scope of the non-compete obligations, potentially with cascading clauses for enforceability

5. Restricted Activities: Detailed description of prohibited activities and business practices

6. Consideration: The benefit or payment provided in exchange for the non-compete obligations

7. Confidentiality Obligations: Provisions regarding the protection of confidential information and trade secrets

8. Acknowledgments: Party acknowledgments regarding reasonableness of restrictions and receipt of independent legal advice

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

10. General Provisions: Standard contract terms including governing law, entire agreement, and severability

Optional Sections

1. Non-Solicitation Provisions: Additional restrictions on soliciting employees, clients, or suppliers - used when protecting business relationships is crucial

2. Garden Leave: Provisions for paid leave during notice period - relevant for employment-related non-compete agreements

3. Intellectual Property Protection: Additional provisions protecting IP rights - used when IP is a significant concern

4. International Operations: Provisions addressing international aspects - needed when business operates across multiple jurisdictions

5. Assignment and Succession: Terms regarding transfer of rights - important for business sales or succession planning

6. Dispute Resolution: Specific dispute resolution procedures - useful for high-value or complex agreements

Suggested Schedules

1. Schedule 1 - Restricted Territory: Detailed maps or descriptions of geographic areas covered by the restraint

2. Schedule 2 - Restricted Businesses: Comprehensive list of competing businesses or business types covered by the restraint

3. Schedule 3 - Consideration Details: Detailed breakdown of any financial or other consideration provided

4. Schedule 4 - Confidential Information: Specific list of confidential information and trade secrets covered

5. Appendix A - Cascading Restraint Provisions: Matrix of different combinations of time periods and geographic areas for restraint

6. Appendix B - Key Customer/Client List: List of protected customer relationships (if applicable)

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



































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Relevant Industries

Technology

Professional Services

Healthcare

Financial Services

Manufacturing

Retail

Consulting

Biotechnology

Research and Development

Media and Entertainment

Telecommunications

Engineering

Sales and Distribution

Relevant Teams

Executive Leadership

Sales

Research and Development

Information Technology

Client Services

Product Development

Operations

Business Development

Technical Services

Professional Services

Customer Relations

Strategic Planning

Relevant Roles

Chief Executive Officer

Senior Executive

Sales Manager

Technical Director

Research Scientist

Software Developer

Account Manager

Business Development Manager

Financial Controller

Managing Director

Head of Operations

Product Manager

Technical Specialist

Client Relations Manager

Senior Consultant

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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