Murray Davis and the Lions Job: Can You Interview With a Rival While Under Contract?

Brisbane has approached Adelaide coaching director Murray Davis to interview for its vacant senior coaching job, according to the AFL's website, with the Lions aiming to name Chris Fagan's successor by the end of October 2026. Davis spent 13 years at the Lions before moving to the Crows, so the approach raises a question that reaches well beyond football: what happens when someone else's employer comes calling?

What has actually happened

Fagan stepped away days after Brisbane's grand final win over Fremantle sealed a third straight premiership. He chose not to apply for his own role, and the club has since opened a search for a replacement.

Davis is one of the names in play. He was part of the Lions' 2024 premiership season before Adelaide hired him to work alongside coach Matthew Nicks, and he has now spent two seasons at the Crows. Earlier in 2026 he was one of four candidates shortlisted for the Essendon job, alongside James Hird, Jaymie Graham and Mark McVeigh. McVeigh won that role.

On Wednesday 14 October 2026, Fagan told SEN radio that senior assistant Cameron Bruce, 47, was ready for the top job. Lions football boss Danny Daly withdrew from contention the week before and now sits on the five-person selection panel. The AFL reports that informal talks are under way, with formal interviews possible as soon as next week.

Neither report says what Davis's contract with Adelaide provides. That detail matters, and it is the point of this article: nobody outside the two clubs knows it, but millions of Australians sign similar documents.

Can an employee simply walk to a rival employer?

This is the question most readers ask when a "poaching" story breaks. The short answer is that an interview is not a breach of anything. Speaking with another employer while you are employed is generally lawful in Australia unless your contract says otherwise.

The trouble starts with what happens next. Three terms decide the outcome:

• Fixed term versus ongoing. A fixed-term deal may have no early exit at all. An ongoing role usually allows resignation on notice.
• Notice period. The National Employment Standards set a floor for notice from the employer. For resignations, the contract or award normally sets the period the employee must give.
• Restraint of trade. Some contracts try to stop a person joining a competitor for a set time or in a set region. Courts will enforce a restraint only to the extent it is reasonable to protect a legitimate business interest.

In sport, there is a further layer. Clubs often negotiate a release, and the hiring club may compensate the old one. That is a commercial deal between employers, not a right the employee holds.

What does a notice period look like in numbers?

Under the Fair Work Ombudsman's notice of termination fact sheet, an employer ending a job must give at least one week of notice for up to one year of service, two weeks for more than one and up to three years, three weeks for more than three and up to five years, and four weeks beyond five years. An employee over 45 with at least two years of service gets one extra week. Contracts and awards can lift these figures, never lower them.

Those figures bind employers. Employees leaving are bound by whatever their own contract says, which is why reading it before you accept an interview matters.

A concrete case: the manager with 18 months left on a fixed term

Consider a composite example, not Davis's situation. A 46-year-old operations manager in Adelaide signed a three-year fixed-term contract in January 2025. It runs to January 2028. A Brisbane competitor approaches her in October 2026 with a role paying $40,000 more a year. Her contract contains a 12-month, Australia-wide restraint on joining a competitor.

Here is how the if/then logic plays out:

• If the contract is fixed-term with no early termination clause, then resigning is likely a breach, and her employer may claim damages for the cost of replacing her.
• If the contract allows termination on 3 months' notice, then she can leave by giving that notice, and the move becomes a question of timing and the restraint.
• If the 12-month restraint is wider than needed to protect the employer's confidential information or client relationships, then a court may read it down or refuse to enforce it. Courts look at the real interest being protected, not the clause's wording alone.
• If her employer agrees a negotiated release, then she can start on a date both sides accept, often with a short garden-leave period.

Run the numbers. Staying to the end of the term means 15 more months of salary at her current rate. Leaving early could save her $40,000 a year, about $50,000 over 15 months, but a damages claim or a failed restraint dispute could cost far more in legal fees alone. A lawyer reviewing the contract for an hour before the first interview costs a fraction of that.

Why the restraint clause is the real battleground

Restraints are where most employment disputes of this type end up. Australian courts start from the position that a person is free to work, so a restraint has to be no wider than necessary. Duration, geography and the type of activity all count.

Senior people in industries with a small pool of employers, such as professional sport, can be more exposed. A coach cannot easily take a job in a different industry. That narrow market is why clubs in sport tend to settle matters by negotiation instead of court action.

Employers also lean on confidentiality terms. A departing senior employee who takes game plans, client lists or pricing models may face a separate claim, even if the restraint fails.

When it makes sense to call a lawyer

Most people think of an employment lawyer only after a dispute begins. The better time is before you accept an interview, sign a new contract, or give notice. A lawyer can tell you three things quickly:

1. Whether your current contract gives you a lawful exit and on what terms.
2. Whether any restraint or confidentiality clause is likely to hold up.
3. How to word your new offer so the new employer takes on the risk where possible, for example through an indemnity or negotiated release.

Employers face the mirror image. A business that fears losing a senior person should check its retention terms and restraint drafting now, not after a resignation letter arrives.

What to do now

If you are weighing a move, take these steps in order:

1. Find your contract and any award or enterprise agreement that covers your role.
2. Mark the term, notice period, restraint clause and confidentiality terms.
3. Do not use work devices or email to talk with a prospective employer.
4. Get written advice on the exit before you resign.
5. Ask the new employer in writing whether it will cover a release payment or legal costs.

The Lions' search will be settled between two clubs and one candidate. Your own move will be settled by the document you signed. Expert Zoom connects you with legal experts who can read that document with you before you commit.

This article is general information, not legal advice. Employment outcomes depend on the wording of your contract and the facts of your situation. Speak with a qualified employment lawyer before acting.

For the official minimum notice rules, see the Fair Work Ombudsman's notice of termination and redundancy pay fact sheet.