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QLD Commercial Law - Contract for Supply of Services Restricting My Trade?

Discussion in 'Commercial Law Forum' started by Subby101, 18 April 2016.

  1. Subby101

    Subby101 Member

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    Thanks in advance for your time,

    I currently have a contract for supply of services for a specified number of years wholly and only to a certain business.

    What is needed in the eyes of commercial law to prove the business that provides me that work is restricting my trade due to their change in market strategy which has seen a substantial drop in work (income for myself), and the new strategy conflicts with how I earn money under the current contract? I.e I'm paid on the volume of work I do, but the company's strategy is based on the maximum amount of profit they can achieve from the minimum amount of volume they charge out.
     
  2. Sophea

    Sophea Well-Known Member

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    Does the contract stipulate that you must be given x amount of work each week by the company? If not probably a good clause to insert in future.

    You would have to establish at common law that the restrain of trade is unreasonable and/or establish under the Competition and Consumer Act or other legislation that the contract is restrictive of trade or otherwise illegal. I'm not an expert in this area but perhaps check out s45?

    COMPETITION AND CONSUMER ACT 2010 - SECT 45Contracts, arrangements or understandings that restrict dealings or affect competition
     

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