Contract Deed Of Variation Template for Australia

A Contract Deed of Variation is essential in Australian business and legal practice when parties need to modify an existing agreement without creating an entirely new contract. This document type is particularly relevant when the original agreement is under seal or where the variations are substantial enough to warrant the formality of a deed. It's commonly used when there's a need to change key terms such as payment provisions, performance obligations, or timeframes. The deed must comply with Australian legal requirements for deed execution and should clearly identify the original agreement, specify all variations, and confirm continuing obligations. This approach provides greater certainty and enforceability compared to informal contract variations, especially given that Australian courts generally require clear evidence of parties' intentions to vary contractual obligations.

1. Parties: Details of all parties to the original agreement and the deed of variation

2. Background: Recitals explaining the existence of the original agreement and the reasons for variation

3. Definitions: Definitions of key terms used in the deed, including references to original agreement definitions

4. Interpretation: Rules for interpreting the deed, including relationship with original agreement

5. Variation: Specific clauses being varied, showing both original and new versions

6. Effective Date: When the variations take effect

7. Confirmation: Confirmation that all other terms of the original agreement remain in full force and effect

8. Costs: Who bears the costs of preparing and executing the deed

9. Governing Law: Confirmation of the governing law (Australian law)

10. Execution: Execution blocks for all parties