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Deed Of Indemnity

Deed Of Indemnity Template for Australia

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Key Requirements PROMPT example:

Deed Of Indemnity

"I need a Deed of Indemnity to protect our newly appointed director, Sarah Chen, who will join our Australian technology company's board from March 1, 2025, covering all standard director indemnities and including specific protection for cyber security incidents."

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Document background
The Deed of Indemnity is a crucial risk management tool in Australian business and corporate governance. It is commonly used when appointing directors, in corporate transactions, or when providing professional services where significant risks need to be allocated between parties. The deed provides greater protection than a simple contract due to its formal nature and longer limitation period under Australian law. It typically details the specific circumstances triggering the indemnity, claim procedures, and any limitations on the indemnifier's obligations. The document must comply with Australian corporate law, particularly regarding director indemnities, and state-specific requirements for deed execution.
Suggested Sections

1. Parties: Identifies and defines the Indemnifier and the Indemnified Party with their full legal names and details

2. Background: Sets out the context and circumstances leading to the need for the indemnity

3. Definitions and Interpretation: Defines key terms used throughout the deed and establishes interpretation principles

4. Indemnity: Core section detailing the scope of the indemnity, what losses are covered, and when the indemnity takes effect

5. Duration: Specifies how long the indemnity remains in effect and any survival provisions

6. Claims Procedure: Details the process for making claims under the indemnity, including notice requirements and timing

7. Representations and Warranties: States the representations and warranties given by the Indemnifier

8. Payment Terms: Specifies when and how payments under the indemnity must be made

9. Governing Law and Jurisdiction: Specifies that Australian law governs the deed and establishes jurisdiction for disputes

10. Execution: Formal execution block meeting requirements for deeds under Australian law

Optional Sections

1. Security: Include when the indemnity is secured by specific assets or guarantees

2. Multiple Indemnifiers: Include when there are multiple parties providing the indemnity to address joint and several liability

3. Subrogation Rights: Include when the Indemnifier needs rights to step into the Indemnified Party's position for certain claims

4. Insurance Requirements: Include when specific insurance must be maintained to support the indemnity

5. Confidentiality: Include when sensitive information will be shared in connection with the indemnity

6. Assignment: Include when transfer rights need to be specifically addressed

7. Dispute Resolution: Include when specific dispute resolution procedures (beyond court jurisdiction) are required

8. Force Majeure: Include when certain events should excuse performance under the indemnity

Suggested Schedules

1. Schedule 1 - Specified Losses: Details specific losses or types of losses covered by the indemnity

2. Schedule 2 - Claims Process: Detailed procedure for making and handling claims under the indemnity

3. Schedule 3 - Security Details: Details of any security provided to support the indemnity obligations

4. Schedule 4 - Insurance Requirements: Specific insurance policies and coverage levels required

5. Appendix A - Notice Requirements: Forms and procedures for giving notices under the deed

6. Appendix B - Relevant Agreements: Copies or details of agreements related to the indemnified matters

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Financial Services

Insurance

Corporate Services

Real Estate

Construction

Mining

Healthcare

Technology

Manufacturing

Professional Services

Energy

Infrastructure

Transport and Logistics

Education

Relevant Teams

Legal

Risk Management

Compliance

Corporate Governance

Finance

Executive Leadership

Board of Directors

Company Secretariat

Commercial

Business Development

Operations

Relevant Roles

Chief Executive Officer

Company Director

Company Secretary

Chief Financial Officer

General Counsel

Legal Counsel

Risk Manager

Compliance Officer

Corporate Governance Manager

Board Member

Managing Director

Chief Risk Officer

Chief Operating Officer

Finance Director

Commercial Director

Business Development Manager

Project Manager

Contract Manager

Industries
Property Law Act 1958: Sets out requirements for valid execution of deeds in Australia, including signing, sealing, and delivery requirements
Limitation of Actions Act 1958: Establishes time limits within which legal actions must be commenced, affecting the enforceability of indemnity claims
Competition and Consumer Act 2010 (including Australian Consumer Law): Contains provisions that may affect the validity of certain indemnity clauses, particularly in consumer contracts
Corporations Act 2001: Governs execution of deeds by companies and corporate entities in Australia
Electronic Transactions Act 1999: Provides framework for electronic execution of documents, including specific requirements for deeds
Insurance Contracts Act 1984: May be relevant if the indemnity operates as a form of insurance or impacts insurance arrangements
State-specific Electronic Transactions Acts: State-based legislation governing electronic execution of documents and deeds
Civil Liability Acts (State-specific): Contains provisions affecting liability and indemnity arrangements in civil matters
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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