Injunctions Enforcing Negative Covenants in Personal Service Contracts: A Critical Assessment of Contemporary Developments
University of Sydney - Faculty of Law
Presented at Melbourne Law School Remedies Conference, December 11, 2009
Sydney Law School Research Paper No. 11/25
Once upon a time, it was safe to assume that a court exercising equitable jurisdiction would not enforce a personal services contract in such a way as to preclude a person from pursuing a career indefinitely. The Sonny Bill Williams case (Bulldogs Rugby League Club v. Williams  NSWSC 822) challenged that assumption. How have we reached the point where an injunction – rather than damages – has come to be the customary remedy for certain breaches of service contracts? And is it time for a careful reassessment of fundamental principles, to ensure that Equity is not complicit in attempts to commodify and enslave labour?
Number of Pages in PDF File: 13
Keywords: injunctions, restrictive covenants, employment contracts
JEL Classification: K10, K30, K31
Date posted: April 1, 2011
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