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Non Compete Agreement After Resignation Template for Australia

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Key Requirements PROMPT example:

Non Compete Agreement After Resignation

"I need a Non Compete Agreement After Resignation for a departing senior software developer in our Sydney-based tech company, focusing on protecting our client relationships and proprietary code, with a 12-month restriction period starting March 2025."

Document background
The Non-Compete Agreement After Resignation is a critical legal document used in Australian business contexts to protect an organization's legitimate business interests following an employee's departure. It is particularly relevant in situations where employees have had access to sensitive information, key client relationships, or trade secrets. The agreement must be carefully drafted to comply with Australian competition law, employment regulations, and common law principles regarding restraint of trade. It typically includes specific provisions about restricted activities, geographical limitations, duration of restrictions, and consideration provided to the employee. The document should be proportionate and reasonable in its restrictions to ensure enforceability in Australian courts, with clear definitions of protected interests and restricted activities.
Suggested Sections

1. Parties: Identification of the employer and the former employee who will be bound by the agreement

2. Background: Context of the agreement, including the former employee's role, access to confidential information, and reason for implementing the non-compete

3. Definitions: Clear definitions of key terms including 'Confidential Information', 'Restricted Business', 'Restricted Period', and 'Restricted Territory'

4. Non-Compete Obligations: Core restrictions on the employee's post-employment activities, including specific prohibited activities

5. Duration and Geographic Scope: Specific timeframe and geographical boundaries of the restrictions, ensuring reasonableness

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

7. Confidentiality Obligations: Ongoing obligations regarding confidential information and trade secrets

8. Non-Solicitation: Restrictions on soliciting customers, employees, or suppliers

9. Acknowledgments: Employee's acknowledgment of the reasonableness of restrictions and receipt of independent legal advice

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

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

Optional Sections

1. Garden Leave: Provisions for paid leave during the notice period, used when immediate departure from duties is preferred

2. Return of Property: Detailed provisions about returning company property, necessary when the employee had access to significant company assets

3. Intellectual Property Rights: Additional provisions protecting company IP, relevant when the employee was involved in IP creation

4. Monitoring and Compliance: Procedures for monitoring compliance, useful for high-risk situations or senior executives

5. Alternative Dispute Resolution: Mediation or arbitration provisions, recommended for high-value agreements

6. Survival of Obligations: Specification of which obligations survive termination, important for complex agreements

7. Exit Interview Process: Requirements for exit interviews and final certifications, useful for senior positions

Suggested Schedules

1. Schedule 1 - Restricted Territory: Detailed map or list of geographical areas covered by the restrictions

2. Schedule 2 - Restricted Clients: List of specific clients or client categories covered by non-solicitation provisions

3. Schedule 3 - Restricted Business Activities: Detailed description of prohibited business activities and industry sectors

4. Schedule 4 - Compensation Details: Breakdown of any financial compensation provided for the non-compete obligations

5. Appendix A - Confidential Information Categories: Detailed categorization of confidential information covered by the agreement

6. Appendix B - Compliance Certificate: Template certificate for periodic compliance confirmation

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

Financial Services

Healthcare

Manufacturing

Retail

Telecommunications

Consulting

Pharmaceuticals

Engineering

Media and Entertainment

Mining and Resources

Education and Training

Real Estate

Relevant Teams

Executive Leadership

Sales

Business Development

Research and Development

Client Services

Product Development

Technical Operations

Investment

Consulting

Engineering

Architecture

Client Relations

Professional Services

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Technology Officer

Sales Director

Account Manager

Senior Software Developer

Research Scientist

Business Development Manager

Regional Manager

Product Manager

Senior Consultant

Technical Lead

Investment Manager

Client Relations Manager

Department Head

Principal Engineer

Senior Architect

Managing Director

Partner

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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