Section 4(1) of the Restraints of Trade Act 1976 (NSW) permits enforcement of an employment restraint of trade to the extent it is not against public policy, even where the clause as drafted is unreasonably broad at common law. The common law principles hostile to severance do not constrain s 4(1). A restraint clause that confers discretion on the employer to trigger the restraint and determine its duration within defined limits is not void for uncertainty. A restraint payment equivalent to contractual pay entitlements for the restraint period is a relevant factor supporting the reasonableness of enforcement.
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