Court narrows TM Insight's non-compete, urging HR to rethink executive restraints
A recent Federal Court decision has set clear boundaries on how far Australian companies can go in restricting former executives from joining competitors, sending a strong message to HR leaders across the country.
On November 7, 2025, Justice Bromwich handed down a ruling in Moroney v TM Insight Operations Pty Ltd, a case that examined the enforceability of non-compete clauses in executive contracts. The dispute centered on Jack William Moroney, a real estate agent specializing in industrial property, who was employed by TM Insight Operations Pty Ltd from January 31, 2020, to February 13, 2025. TM Insight Operations provides supply chain, project management, and property advisory services to industrial real estate clients, and is ultimately owned by TM Insight Holdings Pty Ltd.
Moroney’s involvement with TM Insight began when he joined as Director Property and, through his company Industrial Property Solutions Pty Ltd (IPS), became a shareholder in TM Insight Holdings. In connection with a share sale to private equity firm Next Capital, IPS received just over $5 million and later contributed just over $750,000 to the acquisition of XAct Solutions Pty Ltd, resulting in additional shares valued at about $2.9 million.
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