Restraint of Trade vs Exclusivity

Restraint of trade clauses are very common in commercial contracts. Most of us will have experienced restraint of trade (or non-compete) clauses within employment contracts where their purpose is to protect the employer’s business interests both during the employment and after the employment comes to an end.  Exclusive Services Agreements can also be entered into [...]

2021-08-04T04:35:19+00:00August 4th, 2021|Business Advice, Contracts, Corporate Advisory|Comments Off on Restraint of Trade vs Exclusivity

Excessive Surcharges? Expect Excessive Penalties

Per the Competition and Consumer Act 2010 (the CCA), a surcharge on card payments must not exceed the actual cost of processing the fee. The ACCC made this blatantly clear in November last year when it fined Red Balloon, the corporate gift agency founded by Shark Tank’s Naomi Simson, $43,200 for exceeding the caps set [...]

2018-02-07T00:37:35+00:00February 2nd, 2018|Business Advice, Compliance|Comments Off on Excessive Surcharges? Expect Excessive Penalties
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