Non-Compete Agreement

A Non-Compete Agreement can be used to prevent a party from exploiting a business' information to gain a competitive advantage. This Agreement is drafted to be executed as a deed.

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Last updated October 21, 2025

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Suitable for Australia

Non-Compete Agreement

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What is a non-compete agreement?

A non-compete agreement is a legal contract that restricts a party from starting or joining a competing business or using confidential information to gain a competitive advantage.
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When should you use a non-compete agreement?

You should use a non-compete agreement when you need to protect your business’s confidential information, customer relationships, or workforce from being exploited by employees, contractors, or business partners.
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What should be in a non-compete agreement?

A non-compete agreement should include the parties involved, the duration of the restriction, the specific activities prohibited, and clear definitions of confidential information and obligations.
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Frequently asked questions

What is a non-compete agreement?

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When should you use a non-compete agreement?

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What should be in a non-compete agreement?

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Who can this agreement be used with?

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What protections does this agreement provide?

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Are there any limitations on using this agreement?

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How is the agreement enforced?

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What are the main risks for the receiving party?

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Is this agreement valid across Australia?

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What steps should I take after completing the agreement?

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View Sample Non-Compete Agreement

Non-Compete Agreement
risk level indicator at Medium level

The Legal Risk Score of a Non-Compete Agreement Template is Medium

Our legal team have marked this document as low risk considering:

  • The document allows for the extensive definition of confidential information, which could potentially impose a heavy burden on the party receiving the information to manage and protect a wide array of data types.
  • The document lacks specific remedies or compensation for the receiving party in the event that the disclosing party's information is incomplete, incorrect, or leads to infringement issues, which places the risk of using the provided information entirely on the receiving party.
  • The agreement stipulates that the receiving party cannot use the information for any purpose that could be seen as detrimental to the disclosing party, a broad and subjective term that could limit the receiving party's operational flexibility.

Overall, this document is constructed to heavily favor the party providing the information, with stringent protections and control over the use and disclosure of the information. Users familiar with such agreements might find this document relatively riskier for the receiving party, as it places substantial obligations and potential liabilities on them while offering minimal recourse if the provided information is flawed or leads to legal challenges.

Articles about Non-Compete Agreement

When Can’t I Enforce a Non-compete Clause?
By Lachlan Ward|May 26, 2019

When Can’t I Enforce a Non-compete Clause?

Considering using a non-compete clause in your employment agreements? Ensure your business has the best protection ensuring your clause isn't unenforceable.

Are Non-Compete Clauses Necessary in Employment?
By Anjaly Tessa Saji|Dec 5, 2025

Are Non-Compete Clauses Necessary in Employment?

Learn more about what a non-compete clause is, why it's used and when to include a non-compete clause in your employment agreements.

Non-Compete Clause: An Employee & Employer Perspective
By Dominic Woolrych|Nov 26, 2015

Non-Compete Clause: An Employee & Employer Perspective

Learn about non-compete clauses and how they can affect both the employer and employee. Understanding a non-compete clause is beneficial when entering into and negotiating an employment contract.

Non-Compete Clauses in Australia: Your 2026 Guide
By Ilyas Omari|Jan 15, 2026

Non-Compete Clauses in Australia: Your 2026 Guide

Concerned about an employee taking advantage of confidential information? Learn about how a non-compete clause can protect your business.

Restraint of Trade Clauses When Selling a Business
By Alex Cheng|Dec 2, 2025

Restraint of Trade Clauses When Selling a Business

Restraint of trade clauses protect the interests of business owners. Here’s how restraint of trade clauses apply when selling a business.

What is a Cascading Clause?
By Daniel Fane|May 23, 2024

What is a Cascading Clause?

A cascading clause is a valuable tool for individuals seeking to cover a variety of scenarios within a contract. Here's our guide to how they work.

Post-Employment Obligations for Employees & Employers
By Zachary Swan|Nov 28, 2025

Post-Employment Obligations for Employees & Employers

Discover the obligations employers must satisfy after the employment period has ended

What is a Non-Solicitation Agreement?
By Alex Moore|Aug 16, 2019

What is a Non-Solicitation Agreement?

Are you looking to protect your business interests? Read this article to learn about a non-solicitation agreement and how it could affect you.

Restrictive Covenants in Employment Contracts:
By Mai Sarkissian|Jun 18, 2021

Restrictive Covenants in Employment Contracts:

Restrictive covenants in employment contracts are a great way to protect the legitimate interests of your business. Learn more here.

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