VIC Non-Solicitation Clause - pre-existing clients

[Louie]

Hello,
Any help is appreciated.
I have resigned from my current employer and start work this week with a new firm which is a competitor. My contract has a standard non-solicitation clause that I cannot approach clients for 12 months.

Am I allowed to poach pre-existing clients (that were originally mine from a previous employer) that I brought over to my soon to be ending role? That is, I have clients from firm A and worked with at firm B so can I bring them with me to firm C?

 

[Rod]

Possibly. Was there any discussion/agreement about pre-existing clients?

 

[Tim W]

You haven't told us what your work is,
so one thing to factor is is that
they might not actually be "your" clients.
Consider for example, this thread, which involves hairdressers.

 

[Louie]

Thanks Guys,
I work in finance / legal. The clients were from my original firm A and I had mentioned them when I changed companies to firm B, that I could take them with me to said firm. Firm B was only introduced to them through me omce I had started. There was no discussion that once introduced they were subject to a restraint. Would a restraint apply in this siutation if I were to approach them to firm C?

 

[Tim W]

"Finance/legal" ?

If you're a lawyer then you already know what the ethical position is.

For the rest, start by consulting the Code of Ethics for your particular field.
As a general principle, anything beyond stating the bare fact that you are leaving his employ, would likely enliven the clause.