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Full Deed Of Release

Full Deed Of Release Template for Australia

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Key Requirements PROMPT example:

Full Deed Of Release

"I need a Full Deed of Release for a senior executive's departure effective March 15, 2025, including confidentiality provisions, non-compete clauses, and agreed statement about the departure, with a settlement sum of $250,000."

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Document background
A Full Deed of Release is a formal legal instrument used in Australian jurisdictions to document the settlement of disputes, claims, or the termination of relationships between parties. It is commonly employed in situations involving employment terminations, commercial disputes, shareholder exits, or settlement of legal proceedings. The document provides a comprehensive release of specified claims or obligations in exchange for consideration, typically monetary payment. It must comply with Australian deed execution requirements and relevant legislation, including the Property Law Act and Fair Work Act where applicable. The deed includes essential elements such as mutual releases, confidentiality provisions, non-disparagement clauses, and warranties, offering parties certainty and finality in resolving their matters.
Suggested Sections

1. Parties: Identifies and defines all parties to the deed, including their legal capacity and contact details

2. Background: Sets out the context and circumstances leading to the deed, including any relevant employment or commercial relationship history

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

4. Release and Discharge: Core section detailing the mutual releases, including scope of claims being released and discharge of obligations

5. Payment or Settlement Sum: Details of any consideration or payment being made as part of the release

6. Acknowledgments: Statements confirming understanding of rights being released and independent legal advice received

7. Confidentiality: Obligations regarding confidentiality of the deed's existence and terms

8. Non-Disparagement: Mutual obligations not to make adverse comments about other parties

9. Warranties and Representations: Statements of fact and promises made by the parties

10. General Provisions: Standard boilerplate clauses including governing law, entire agreement, and severance

11. Execution: Formal execution block meeting deed requirements including witnessing provisions

Optional Sections

1. Return of Property: Used when there is company property to be returned - includes process and timeline for return

2. Intellectual Property: Include when IP rights need to be addressed or transferred

3. Ongoing Obligations: Required when certain obligations continue past the release date (e.g., restraint of trade)

4. Tax Indemnity: Include when payment arrangements have tax implications requiring indemnification

5. Reference and Future Employment: Used when parties agree on terms regarding employment references or future employment

6. Legal Costs: Include when there's an agreement about who bears the legal costs of the deed

7. Assistance with Legal Proceedings: Used when one party may need future cooperation in legal matters

8. Social Media and Public Statements: Include when specific provisions about public communications are needed

Suggested Schedules

1. Schedule 1 - Payment Details: Itemized breakdown of settlement payments and payment terms

2. Schedule 2 - Claims Being Released: Detailed list of specific claims or rights being released

3. Schedule 3 - Company Property: Inventory of property to be returned if applicable

4. Schedule 4 - Agreed Public Statement: Any agreed form of words for public communications about the matter

5. Schedule 5 - Agreed Reference: Template of agreed employment reference if applicable

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 legal definitions
Claim
Confidential Information
Deed
Effective Date
Employee
Employer
Group
GST
Intellectual Property
Loss
Material
Party/Parties
Payment
Personnel
Related Bodies Corporate
Release
Released Claims
Released Matters
Settlement Sum
Termination Date
Associates
Business
Business Day
Commencement Date
Corporations Act
Employment Agreement
Execution Date
Fair Work Act
Government Agency
Insolvency Event
Liability
Permitted Disclosure
Representatives
Restraint Period
Subsidiary
Tax
Territory
Clauses
Release and Discharge
Payment Terms
Mutual Release
Confidentiality
Non-Disparagement
Return of Property
Warranties and Representations
Acknowledgments
Tax Treatment
Intellectual Property
Further Assurance
Legal Advice
Ongoing Obligations
Bar to Future Claims
Non-Admission of Liability
Severability
Governing Law
Entire Agreement
Amendment
Counterparts
Costs
GST
Assignment
Waiver
Notice
Independent Legal Advice
Binding Effect
Survival
Force Majeure
Dispute Resolution
Privacy
Public Announcements
Social Media
Reference Provision
Time of Essence
Relevant Industries

Professional Services

Financial Services

Technology

Healthcare

Manufacturing

Retail

Construction

Mining

Education

Telecommunications

Real Estate

Hospitality

Transport and Logistics

Agriculture

Media and Entertainment

Relevant Teams

Legal

Human Resources

Executive Leadership

Finance

Risk and Compliance

Operations

Corporate Services

Industrial Relations

Company Secretariat

Talent Management

Relevant Roles

Chief Executive Officer

Human Resources Director

Legal Counsel

Chief Financial Officer

Managing Director

Company Secretary

HR Manager

Operations Manager

Risk Manager

Compliance Officer

Employment Relations Manager

General Manager

Department Head

Senior Manager

Business Unit Director

Industries
Property Law Act 1958: Sets out the formal requirements for executing deeds in Australia, including signing, sealing, and witnessing requirements
Fair Work Act 2009: Federal legislation governing employment relationships and workplace rights that may be subject to release, including unfair dismissal claims and general protections
Competition and Consumer Act 2010: Includes Australian Consumer Law provisions which may affect the enforceability of release terms and unconscionable conduct provisions
Privacy Act 1988: Governs the handling of personal information that may be included in the deed and any confidentiality provisions
Income Tax Assessment Act 1997: Relevant for tax implications of any payments made under the deed of release
Limitation Act 1969: Governs the time limits within which legal actions must be commenced and how releases affect limitation periods
Australian Contract Law: Common law principles governing contract formation, including consideration, capacity, and intention to create legal relations
Electronic Transactions Act 1999: Regulates electronic execution of documents, including deeds, if not being executed in traditional paper format
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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