Lockton has taken court action to stop two managers joining rival broking company Aviso or soliciting other staff or clients until September next year.

The actions filed in the NSW Supreme Court last month are against Patrick Moore and Steven Autrey. Aviso Specialty is named as second defendant in both matters.

Lockton’s statement of claim says Mr Autrey joined the company in March 2021 and held several roles – most recently head of care, community and education.

He resigned on August 18. His contract included non-compete and staff and client non-solicitation terms applying for 12 months after employment, or six or three months if not enforceable, according to Lockton.

Mr Autrey “agreed by his execution of the contract” that the clauses were reasonable, “having regard to the interests of Lockton and the nature of his duties with Lockton”, the company says.

He was reminded of the restraints after resigning but Lockton says he “refused or failed” to give a requested undertaking in relation to the clauses.

On September 12, Lockton sent a letter to Aviso’s CEO saying Mr Autrey “would be in breach of the non-compete term were he to commence employment with the Aviso business within 12 months of the termination of his employment with Lockton”.

Mr Autrey, whose employment with Lockton ended on September 15, produced a copy of an employment agreement related to Aviso dated August 16 and started with Aviso “by about” October 1 as head of care, community and mission, the statement says.

“Autrey does not accept that any of the non-compete term, non-solicitation term, client non-solicitation term or non-interference terms are valid or enforceable,” Lockton says.

The company’s filing seeks a declaration that by taking up employment with Aviso, Mr Autrey has breached his contract. It seeks court orders applying until September 15 next year, or to March 15 or December 15 this year.

The summons for Mr Moore asks the court to make similar orders applying until September 23, or to March 23 or December 23.  

A directions hearing for Mr Autrey was listed for December 5, while for Mr Moore it is scheduled for next Friday.

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