Overview
Semester 2, 2025
Commercial Law - Assignment 3
Weighting: 30%
Length of answer: 1800 words (up to 2000 words)
Provide legal authority to support your answer. This is a research paper, drawing upon material covered in weeks 1 to 6 of the course, and your own research. Any words over 2000 will not be assessed.
Please include at least 7-10 in compliance with the Australian Guide to Legal Citation (including case law, and secondary sources such as journal articles and media articles, and textbooks). Citations do not count towards the word count.The Albanese Government has announced that it intends to change the common law rules for non-compete clauses in contracts. Discuss this proposal.
Include in your answer:
- The common law rules in Australia about contract terms in connection with restraint of trade (or non-compete clauses).
- The changes proposed by the Albanese Government, and how the government can go about changing the common law.
- The advantages and disadvantages of the proposed changes.
- Whether, in your view, the proposed change is a good one for Australia.
Conduct your own research. The ANU library has some excellent legal resources, including online journals and legal databases: https://anulib.anu.edu.au.
The following resources will help you develop a background understanding, and can be included in your reference list, if used:
- Chapter 7 of Understanding Business Law (BUSN7052 Textbook)
- Press release from the Treasurer, the Hon Jim Chalmers MP: https://ministers.dewr.gov.au/chalmers/consultation-reforms-non-compete-clauses-boost-wages-and-productivity
- Information from the Department of the Treasury website: https://treasury.gov.au/review/competition-review-2023/non-compete-clauses
- The Dr Simone Campbell and City IVF dispute: City Fertility Sydney CBD Pty Ltd v Reims Investments Pty Ltd & Anor [2025] QSC 210 https://www.sclqld.org.au/caselaw/157371
- A summary of non-compete clauses by the Parliamentary Library: https://www.aph.gov.au/About_Parliament/Parliamentary_departments/Parliamentary_Library/Research/Policy_Briefs/2025-26/Non-competeclauses