Indemnity Declaration Template for Australia

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Key Requirements PROMPT example:

Indemnity Declaration

"I need an Indemnity Declaration for my construction company to provide to a government department, covering potential damages during a major infrastructure project starting March 2025, with specific focus on environmental and safety incidents."

Document background

The Indemnity Declaration serves as a critical risk management tool in Australian business and legal relationships, providing a formal framework for allocating and managing potential liabilities between parties. This document is typically used when one party needs to protect another against specific risks, losses, or legal claims arising from defined circumstances or activities. The declaration must comply with Australian federal and state legislation, including the Competition and Consumer Act 2010, relevant Civil Liability Acts, and state-specific regulations. An Indemnity Declaration is particularly valuable in commercial transactions, construction projects, service agreements, and corporate arrangements where clear risk allocation is essential. It should clearly define the scope of indemnified matters, temporal limitations, claim procedures, and any exclusions or limitations on the indemnity obligation.

Suggested Sections

1. Parties: Full legal names and details of the indemnifier and the indemnified party

2. Background: Context of the indemnity and the relationship between the parties

3. Definitions: Key terms used in the declaration, including 'Loss', 'Claim', and scope of indemnified matters

4. Indemnity Scope: Clear statement of the indemnity obligations, including what losses, damages, or claims are covered

5. Duration: Period for which the indemnity remains valid and any survival provisions

6. Limitations: Any caps, exclusions, or limitations on the indemnity obligation

7. Claims Process: Procedure for making and handling indemnity claims

8. Governing Law: Specification of Australian law as governing law and jurisdiction

9. Execution: Signing provisions and attestation requirements

Optional Sections

1. Insurance Requirements: Required when the indemnifier must maintain specific insurance coverage to support the indemnity

2. Security: Optional section for when additional security (such as guarantees or bonds) is required to support the indemnity

3. Third Party Rights: Required when the indemnity extends to or affects third parties

4. Dispute Resolution: Optional detailed dispute resolution procedures, recommended for high-value or complex indemnities

5. Assignment: Required when there's a need to address whether the indemnity can be assigned to other parties

6. Multiple Indemnifiers: Required when there are multiple parties providing the indemnity, addressing joint and several liability

Suggested Schedules

1. Indemnified Matters: Detailed list or description of specific matters, activities, or circumstances covered by the indemnity

2. Claim Form: Standard form for making indemnity claims under the declaration

3. Insurance Requirements: Detailed specifications of required insurance coverage, limits, and providers if applicable

4. Related Agreements: List of associated agreements or documents that are relevant to the indemnity scope

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Construction

Financial Services

Professional Services

Healthcare

Information Technology

Manufacturing

Mining and Resources

Real Estate

Transport and Logistics

Education

Government and Public Sector

Retail and Consumer Goods

Energy and Utilities

Relevant Teams

Legal

Risk Management

Compliance

Finance

Operations

Commercial

Procurement

Insurance

Executive Leadership

Project Management

Contract Administration

Business Development

Relevant Roles

Legal Counsel

Risk Manager

Contract Manager

Project Manager

Chief Financial Officer

Operations Director

Compliance Officer

Commercial Manager

General Manager

Chief Executive Officer

Insurance Manager

Procurement Manager

Business Development Manager

Company Secretary

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Self Declaration

An Australian legal document where an individual makes a formal written statement of facts, declared true under oath and witnessed by an authorized person.

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Let's create your Indemnity Declaration

Authors

Alex Denne

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