Restraints of Trade

A contract can be in restraint of trade if one party (“the covenantor”) agrees with another party (“the covenantee”) to restrict the covenantor’s liberty in the future to carry on trade with other persons not party to the contract. The most common restraints of trade are: “non-solicitation” clauses preventing a covenantor from soliciting, or accepting, work from clients of…

Control those climate children

The September school climate strike in Perth was a good one. On a clear sunny day, Forrest Chase was packed with some 12,000 people.  Waving placards, learning chants, and generally sharing in an upswelling of community, protest and healthy low-fi anger. There was talk of needing action on climate justice.  Transitioning to renewables.  Supporting workers…

Municipal Mysteries of Town Planning Law

“He reached Chesham Square and made diagonally for No. 10 (which was) between two houses, of which one, rationally enough, bore the number 9 and the other was numbered 37: but the fact that this last belonged to Porthill Street was proclaimed by an inscription placed by whatever highly efficient authority is charged with the…

Diary of a Commercial Lawyer Part 2 – The Psychology of the Non-Compliant Taxpayer

“His depression did not lift, it simply moved to one side a little” – Mervyn Peake – The Gormenghast Trilogy The woman was a self-employed tradesperson in her late 50’s.  She had always lodged her income tax returns and her quarterly business activity statements and income activity statements.  She had always paid superannuation contribution for…

Diary of a Commercial Lawyer Part 1 – The Pitfalls of Oral Contracts

Reflecting on some 35 years of experience as a commercial lawyer, one thing in particular stands out: variety.  The extraordinary scope of the issues presented by clients to resolve. Apart from the fact there is nothing better than variety to keep your daily job interesting, 35 years of variables presented to you to deal with…

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