The Enforceability of Restraint of Trade Clauses in Commercial Contracts

When parties enter into a commercial agreement, they may seek to safeguard their commercial interests in certain events by way of a restraint clause (Restraint Clauses).   Restraints Clauses are often found in commercial agreements, such as partnership or shareholders agreements, franchise agreements and business or share sale agreements and employment agreements.  

Knowing when to settle: Re 22 Park Street Pty Ltd No 2 [2021] VSC 588

The case of Re 22 Park Street Pty Ltd No 2 [2021] VSC 588 (Re 22 Part Street) concerns the plaintiff, Maria Lantouris who was the sole director and shareholder of 22 Park Street Pty Ltd (the Company), which is now in receivership. This case details Ms Lantouris seeking leave from the Court to compromise and settle the claims brought forward in prior proceedings against 7 defendants. Justice Connock makes valuable observations on the benefits of settling, particularly when it is in the best interest of the Company.

The timing of litigation in a pandemic – when to jump?

As we move into what appears to be the final stages of the pandemic, it is a useful exercise to examine the effect the pandemic has had on the Courts and Tribunals within Victoria. This article will focus on civil matters rather than criminal.

The practical effect of the rules on evicting tenants during COVID-19: RFY v ACV (Residential Tenancies)

The case of RFY v ACV (Residential Tenancies) [2021] VCAT 865 concerned an application by a landlord to evict a tenant on the basis of unpaid rent after Regulation 14 of the COVID-19 Omnibus (Emergency Measures) Transitional Regulations 2021 came into effect.