Non-Compete / Restraint of Trade Response
Left a job and got a lawyer's letter threatening to enforce a non-compete, non-solicit or confidentiality clause — or you want it off the table before you start the new role? A formal response that puts the ex-employer to proof, sets out why the restraint is unenforceable on the facts, confirms the confidentiality obligations you will honour, and warns that interference with your new employment will be met with a claim.
What this document does
- A formal response that puts the ex-employer to proof, sets out why the restraint is unenforceable on the facts, confirms the confidentiality obligations you will honour, and warns that interference with your new employment will be met with a claim.
- Records the facts that matter on paper: former employer (and their lawyers, if any), restraint clause(s) — duration, area, activities, cascading options, date of the employer's letter, last day of employment.
- Puts them on formal notice, demands the conduct stop and reserves your rights if it continues.
- Cites the right Act, regulator and tribunal for your state — all eight states and territories covered.
- You review the draft first; we only send it to the other party on your say-so.
What we'll ask you
Plain-English questions, one at a time. No legal knowledge needed — if you don't know an answer exactly, your best estimate is fine.
- Who is the former (or current) employer? The legal entity on your contract — and, if their lawyers wrote to you, the law firm's name too.
- Tell me the story — when you resigned or were let go and why, when the new role came up, what the employer has said or sent, and any deadline they've given you.
- What date is on their letter? (Skip if they haven't written.)optional
- What was your last day of employment?
- Paste the restraint clause(s) from your contract as exactly as you can — the non-compete, non-solicit (clients and staff) and confidentiality terms — including the duration(s), the area(s) and the activities restrained. If it has a ladder of options (e.g. 12/6/3 months; Australia/NSW/50 km), include all of them.
- Your role there: title, what you actually did, salary or package, how long you were employed, whether you dealt directly with clients, and what confidential information (if any) you had access to.
- The new job or business: who it's with, what the role is, whether it competes with the old employer, where it is, and whether you'd have contact with any of the old employer's clients or staff.
- What exactly have they threatened or demanded? Injunction, damages, contacting your new employer, withholding final pay or bonus, undertakings to sign, a deadline? Quote the letter if you can.
- What are you willing to commit to? Most people confirm they'll keep confidential information confidential, return or delete company documents, and not use the old employer's data to solicit clients. Anything else you'd offer (e.g. not approaching named clients for a short period)?optional
- Is the employer holding back any final pay, leave, bonus or commission? What and how much?optional
- The email address to respond to — the lawyer's, or the HR or director's email if there's no lawyer. Once you approve the response we can send it straight to them.optional
- You approve it before it is sent
- 2 free amendments included
- All Australian states and territories
- Stripe secured · 256-bit encrypted
Non-Compete Response — drafted to the right state law
One document, eight jurisdictions. We only ever cite the Act, regulator and tribunal for your state, so nothing from another jurisdiction bleeds into your non-compete response.
New South Wales
New South Wales is the one jurisdiction with a read-down statute.
Victoria
Victoria has no read-down statute: the common-law doctrine applies in full, so an unreasonable restraint is void and unenforceable unless a severable or cascading alternative is itself reasonable; the Victorian Court of Appeal's decision in Just Group Ltd v Peck [2016] VSCA 334 (non-compete refused as far wider than the employer's confidential-information interest required) is the leading local authority.
Queensland
Queensland has no read-down statute: the common-law doctrine applies in full, so an unreasonable restraint is void and unenforceable unless a severable or cascading alternative is itself reasonable, and the employer bears the onus of proving a legitimate interest and that the restraint goes no further than necessary.
Western Australia
Western Australia has no read-down statute: the common-law doctrine applies in full, so an unreasonable restraint is void and unenforceable unless a severable or cascading alternative is itself reasonable, and the employer bears the onus of proving a legitimate interest and that the restraint goes no further than necessary.
South Australia
South Australia has no read-down statute: the common-law doctrine applies in full, so an unreasonable restraint is void and unenforceable unless a severable or cascading alternative is itself reasonable, and the employer bears the onus of proving a legitimate interest and that the restraint goes no further than necessary.
Tasmania
Tasmania has no read-down statute: the common-law doctrine applies in full, so an unreasonable restraint is void and unenforceable unless a severable or cascading alternative is itself reasonable, and the employer bears the onus of proving a legitimate interest and that the restraint goes no further than necessary.
Australian Capital Territory
The Australian Capital Territory has no read-down statute: the common-law doctrine applies in full, so an unreasonable restraint is void and unenforceable unless a severable or cascading alternative is itself reasonable, and the employer bears the onus of proving a legitimate interest and that the restraint goes no further than necessary.
Northern Territory
The Northern Territory has no read-down statute: the common-law doctrine applies in full, so an unreasonable restraint is void and unenforceable unless a severable or cascading alternative is itself reasonable, and the employer bears the onus of proving a legitimate interest and that the restraint goes no further than necessary.
From your answers to a finished Non-Compete Response in three steps
Answer 11 quick questions
Who it’s about, what happened and what you want. Plain English, one question at a time.
We draft it for your state
Your Non-Compete / Restraint of Trade Response is drafted to the legislation, regulator and tribunal for your state or territory, then formatted as a professional PDF. Usually ready within about five minutes.
Review, approve, sent
The draft lands in your dashboard for you to check. Nothing goes to the other party until you approve it — then we email it on your behalf and record the delivery. Two free amendments included.
Ready? Start now.
No card required until the end. No account needed to start.
Start My Non-Compete Response — $49 →$49 flat fee · You approve it before it is sent · 2 edits included
Everything about the Non-Compete / Restraint of Trade Response
How much does the Non-Compete Response cost?
A flat $49 AUD, including GST. There is no card required to start, no subscription and no hourly rate — you see the full summary of your answers before you pay.
How long does it take?
There are 11 questions, which take a few minutes to answer. The draft is usually ready in about 5 minutes after payment, any time of day.
Is it sent automatically, or do I see it first?
You see it first. The draft lands in your dashboard for review; nothing goes to the other party until you approve it. Once you approve, we email it on your behalf and record the delivery.
What if I need changes?
You read the full Non-Compete Response on your dashboard before anything is sent. You can change the wording yourself or ask for a redraft, with 2 edits included.
Does it work in my state?
Yes. The Non-Compete / Restraint of Trade Response is drafted to the law of the state or territory the matter is in — NSW, Victoria, Queensland, WA, SA, Tasmania, the ACT and the NT — citing the right Act, regulator and tribunal or court for that state.
Read up before you send
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Put it in writing today.
A few quick questions and your Non-Compete / Restraint of Trade Response is drafted for your state. No card required until the end.
Start My Non-Compete Response — $49 →