Go Back  British Expats > Living & Moving Abroad > Australia
Reload this Page >

Question for GP's - Non-compete clause 10Km 4yrs?!

Question for GP's - Non-compete clause 10Km 4yrs?!

Reply

Old Oct 16th 2017, 11:09 am
  #1  
Just Joined
Thread Starter
 
Joined: Oct 2017
Posts: 2
BeckieM is an unknown quantity at this point
Question Question for GP's - Non-compete clause 10Km 4yrs?!

Hi,

I'd appreciate it if any of the General Practitiners of the site could share their experience/ideas about what a reasoanble non-compete clause could be.

My brother is a General Practitioner, recently migarted from France to South Australia and is considering signing a contract with a Family Practice in Adelaide.

There is a non-compete clause in the contract to stop him from setting up a practice And/Or working for another practice in the 10 kilometers raduis of the practice at the time of termination of the contract, for the duration of 4 years. Adelaide is not a big city, and 10 kilometers seems to be too excessive, particularly considering it's for 4 years.

He obviously intends to negotioate on these terms before signing the contract; however he'd like to know what a fair length of time for a non-compete clause in a city like Adelaide usually is, and for how long.

Thanks in anticipation.

Best,
Beckie
BeckieM is offline  
Reply With Quote
Old Oct 19th 2017, 12:56 am
  #2  
Forum Regular
 
Joined: Aug 2016
Location: Melbourne, Australia
Posts: 132
MelVan has a reputation beyond reputeMelVan has a reputation beyond reputeMelVan has a reputation beyond reputeMelVan has a reputation beyond reputeMelVan has a reputation beyond reputeMelVan has a reputation beyond reputeMelVan has a reputation beyond reputeMelVan has a reputation beyond reputeMelVan has a reputation beyond reputeMelVan has a reputation beyond reputeMelVan has a reputation beyond repute
Default Re: Question for GP's - Non-compete clause 10Km 4yrs?!

I'm not a GP, but the general legal principle is that a non-compete clause needs to be reasonable and proportionate in the circumstances. 10km and 4 years sounds like an ambit claim to me.

I'd definitely push back on this. Generally speaking the law favours the party bound by the non-compete clause, as the law doesn't like unreasonably to restrain people from earning a living. In terms of facts to arm oneself with, checking out how many other GPs are in various geographical proximities to each other could be helpful. If there are multiple GPs within a couple of kms of each other, that would be a good indication that 10km is definitely overreaching.

While I cannot comment on GPs specifically, as for time periods, up to 12 months is a reasonable restraint period in relation to many other fields of endeavour.
MelVan is offline  
Reply With Quote
Old Oct 19th 2017, 1:04 am
  #3  
Concierge
 
spouse of scouse's Avatar
 
Joined: Jan 2013
Location: Wirral UK
Posts: 8,345
spouse of scouse has a reputation beyond reputespouse of scouse has a reputation beyond reputespouse of scouse has a reputation beyond reputespouse of scouse has a reputation beyond reputespouse of scouse has a reputation beyond reputespouse of scouse has a reputation beyond reputespouse of scouse has a reputation beyond reputespouse of scouse has a reputation beyond reputespouse of scouse has a reputation beyond reputespouse of scouse has a reputation beyond reputespouse of scouse has a reputation beyond repute
Default Re: Question for GP's - Non-compete clause 10Km 4yrs?!

This guide is 7 years old, but is specific to South Australia and GPs so may be of some use http://www.futureplanner.com.au/~fut...ctices_law.pdf
spouse of scouse is offline  
Reply With Quote
Old Oct 19th 2017, 7:25 am
  #4  
Forum Regular
 
Joined: Aug 2016
Location: Melbourne, Australia
Posts: 132
MelVan has a reputation beyond reputeMelVan has a reputation beyond reputeMelVan has a reputation beyond reputeMelVan has a reputation beyond reputeMelVan has a reputation beyond reputeMelVan has a reputation beyond reputeMelVan has a reputation beyond reputeMelVan has a reputation beyond reputeMelVan has a reputation beyond reputeMelVan has a reputation beyond reputeMelVan has a reputation beyond repute
Default Re: Question for GP's - Non-compete clause 10Km 4yrs?!

Originally Posted by spouse of scouse View Post
This guide is 7 years old, but is specific to South Australia and GPs so may be of some use http://www.futureplanner.com.au/~fut...ctices_law.pdf


The summary of the law on restraints of trade is still generally accurate and helpful.
MelVan is offline  
Reply With Quote

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us Archive Advertising Cookie Policy Privacy Statement