Part­ner, Nick Dale and Senior Asso­ciate, Sean Green­wood, recent­ly led the suc­cess­ful defence of a group of for­mer employ­ees of a major real estate fran­chise who left to join a competitor

Their for­mer employ­er sought inter­locu­to­ry injunc­tions restrain­ing our clients from work­ing in their new jobs. The deci­sion is high­ly sig­nif­i­cant because it inter­prets aspects of indus­try stan­dard employ­ment con­tracts for real estate agents, and rein­forces an ear­li­er deci­sion from 2020 involv­ing the same con­trac­tu­al claus­es. The deci­sion also reit­er­ates that it may be more dif­fi­cult to enforce non-com­pete claus­es where employ­ees are ter­mi­nat­ed for rea­sons beyond their own con­trol, and that restraints must be rea­son­able if they are to be enforced.

The case involved com­plex issues about non-solic­i­ta­tion of the for­mer employ­er’s clients and con­fi­den­tial infor­ma­tion, as well as employ­ment law issues sur­round­ing redun­dan­cy. Our clients had a con­vinc­ing win, with the inter­locu­to­ry appli­ca­tions against them being dis­missed with costs at the first avail­able opportunity. 

A link to the case is here

Nick and Sean instruct­ed Bernard Lloyd of Coun­sel, thank him for all of his skill­ful work and acknowl­edge the invalu­able con­tri­bu­tions of Esther Koo — Senior Asso­ciate , Daniel Miller — Asso­ciate, Suzi Sto­janovs­ki — Senior Asso­ciate and Cather­ine Aird — Legal Sec­re­tary to the outcome.

If you would like to repub­lish this arti­cle, it is gen­er­al­ly approved, but pri­or to doing so please con­tact the Mar­ket­ing team at marketing@​swaab.​com.​au. This arti­cle is not legal advice and the views and com­ments are of a gen­er­al nature only. This arti­cle is not to be relied upon in sub­sti­tu­tion for detailed legal advice.

Publications

Employ­ers Ban­ning AI Smart Glass­es from the Workplace

Can employ­ers ban AI smart glass­es at work? As wear­able AI tech­nol­o­gy grows, busi­ness­es are nav­i­gat­ing pri­va­cy, cyber­se­cu­ri­ty, work­place sur­veil­lance…

Land­lords Beware: New Tobac­co Laws Could Mean Heavy Fines and Even Gaol Time

How Do New Tobac­co Laws Affect Land­lords in NSW?This year the NSW State Gov­ern­ment is crack­ing down on the sale of…

When is entry into a lot with­out the lot own­er’s con­sent per­mit­ted to car­ry out repair work to com­mon prop­er­ty? When there is an emergency

When is entry into a lot with­out the lot own­er’s con­sent per­mit­ted to car­ry out repair work to com­mon prop­er­ty? When…

In the News

Michael Byrnes appeared on Break­fast with Tim Web­ster on 2SM on 22 Octo­ber 2026 to dis­cuss the use of smart glass­es in the work­place (from 1:24:00 to 1:28:30)

Can employ­ers ban AI smart glass­es in the work­place? As wear­able AI tech­nol­o­gy gains trac­tion, organ­i­sa­tions must bal­ance inno­va­tion with…

Michael Byrnes appeared on Nights with John Stan­ley on 2GB and 4BC on 19 Octo­ber 2026 to dis­cuss the use of smart glass­es in the work­place (from 1:06:35 to 1:10:10)

Can employ­ers ban AI smart glass­es at work? As wear­able AI tech­nol­o­gy grows, busi­ness­es are nav­i­gat­ing pri­va­cy, cyber­se­cu­ri­ty, work­place sur­veil­lance…

Press Release | New Spe­cial Coun­sel Appoint­ment — Suzy Whitty

With over ten years’ expe­ri­ence as a prac­tis­ing lawyer and a pri­or career in the Roy­al Aus­tralian Navy, Suzy is recog­nised for…

Sign up for our Newsletter

*Mandatory information