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Restraints of Trade in Queensland
Restraints of trade in Queensland are clauses in a written contract which purport to restrict one of the contracting party’s ability to trade. They are most commonly found in employment contracts for professionals or skilled tradespeople who may work closely with the employer’s clients or will have access to trade secrets and other confidential information. Restraints of trade in Queensland are also commonly found in sale of business contracts, restricting the seller from setting up in competition with the purchaser of the business.
Unlike New South Wales, Queensland does not have specific legislation dealing with restraint of trade clauses. The principles of restraints of trade in Queensland are therefore found under the common law. Some other legislation may affect restraint of trade clauses (with limited application), such as the Competition and Consumer Act 2010.