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Simply "responding positively" to an approach from a former client doesn't amount to solicitation, a court has highlighted, in refusing to restrain an employee accused of breaching his employment contract.

Queensland Supreme Court Chief Justice Helen Bowskill also found that the broad terms of the restraint provisions in the employee's contract would likely face "real challenges" to their enforceability if the case went to a full hearing.

The Court was hearing an application by Perpetual Limited for an interim order restraining one of its former senior financial advisers from soliciting its clients after he left...