November Update: Enforceable restraint of trade clauses | Getting your house in order before Christmas | Admission Day | Upcoming Events

November Update: Enforceable restraint of trade clauses | Getting your house in order before Christmas | Admission Day | Upcoming Events

In this update, we feature an article on drafting enforceable restraint of trade clauses,?complete with practical tips from our team. For more insights, feel free to connect with our experienced employment law team.?

We are excited to share our latest free Legally Speaking?webinar with Business News:?Getting your house in order before Christmas.??

Additionally, we have some exciting team announcements and invite you to register to an upcoming event:?The Year in Employment Law with Hunter Manning and Norfolk Workplace Consulting.?

Please?reach out?if we can assist you.


Drafting enforceable restraint of trade clauses

Restraint of trade clauses are increasingly common, but their enforceability and practicality are under scrutiny, particularly after the Australian Treasury's recent report examining their impact on employees.? Pragma Lawyers' tips include:

  1. Avoid using generic or template restraint of trade clauses. The reasonableness of the restraint is assessed against the legitimate business interest, and as each business is different, the restraint clause should also be tailored to your business and the role of the employee;
  2. Be precise and specific on the type of conduct you are restraining and for how long;
  3. Consider whether or not a restraint payment would be appropriate; and
  4. Think twice about using generic non-compete clauses.

Carefully drafted Restraint Clauses can protect your former employees engaging in activities which could undermine your businesses?legitimate business interests following the termination of their employment. If you are seeking advice or?assistance in this area, you can reach out to Pragma's experienced employment law team here.?

Read the article


Free Webinar: Getting your house in order before Christmas

Directors Aaron McDonald and Nick Malone recently sat down with Mark Beyer from Business News to discuss five crucial legal areas for company directors to consider as we approach the end of the year.

  1. Retention: Restraints of Trade
  2. Rights: Favourable Contract Terms
  3. Reform: Privacy Act Amendment
  4. Rent: How to approach rent reviews
  5. Responsibility: Director Obligations in the world of STP & DPNs

Watch our free Legally Speaking?webinar now at the link below.

Watch Now


Senior Associate Brenda Powell announced as RINWA's President

We are proud to share that our own Brenda Powell has been annouced as the?Restructuring and Insolvency Network of WA's incoming President for 2025 at their Annual General Meeting.?

RINWA promotes diversity within the Restructuring and Insolvency community in Western Australia, hosts a number of events and promotes professional development to its members.

As a longstanding sponsor of RINWA, we are proud to support this essential organisation and look forward to the year ahead.


Julia Churack and James Maddeford's admission to the Supreme Court of Western Australia

This October, Julia Churack and James Maddeford?were admitted to the Supreme Court of Western Australia.

Our team was proud to support them on this special day as they officially joined the legal profession.?

You can view Julia and James' professional profiles?at the links below.?

Julia Churack

James Maddeford


The Year in Employment Law with Hunter Manning and Norfolk Workplace Consulting

We are excited to announce that we have teamed up with Hunter Manning and Norfolk Workplace Consulting to present a 2024 wrap up on recent changes to workplace laws this December.

Speakers will include Pragma’s Employment Law Director Elizabeth McLean and Norfolk’s Principal HR Consultant Chondelle McKay. Libbi and Chondelle will discuss their views on these changes and what businesses need to know going into 2025.

You can purchase your ticket at the link below – this includes a welcome drink and nibbles with all proceeds being donated to zero2hero.

Tickets


Aaron McDonald on Ethical Behaviours in Law CPD

Founding Director Aaron McDonald delivered an insightful presentation on ethical behaviour in the legal profession at Leaker Partners' CPD seminar.

Aaron emphasised key lessons from recent case law, including the importance of honesty, accountability, self-management and maintaining a level or professionalism.?

Thank you to Leaker Partners for putting on a great event! For a copy of Aaron’s presentation, contact [email protected].


SCRUM Networking at Pragma Lawyers

Pragma was honoured to host a SCRUM sundowner at our office, bringing our networks together to support Goran Utjesinovic’s incredible Big Dig initiative.

Over the past two years, Goran and his team have raised more than $200,000 for zero2hero, helping to promote youth mental health across WA.

A special thanks to James Rowdon and Jason Grima for gathering such a fantastic group. We’re excited to continue building these connections.


Politics & Business Breakfast with Hon. John Quigley MLA

As an event series partner of Business News, some of the Pragma team and friends of our firm attended Business News' Politics & Business Breakfast with the Hon. John Quigley MLA.

Mr. Quigley shared insightful reflections on leadership, resilience, and the evolution of legal reform since his start in State Parliament in 2001.?Thank you to all who joined us.



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