Do My Post-Termination Restraints Still Apply?

[beautifulpomegranate]

If a business has ‘closed’ and is now operating under another ABN and you have terminated your contract with them and not re-signed a contract under their new ABN/name, do your non-solicitation and post-termination restraints still apply?

 

[Tim W]

Phoenixing a business is very often unlawful anyway.
I do not see any court allowing a phoenixed business to enforce a restraint clause.

 

[Rod]

do your non-solicitation and post-termination restraints still apply?

Maybe. Restraints are very fact specific and no general rule is able to answer the question. If really concerned call our office and arrange a consultation.