Waiver Of Subrogation Form Template for Australia

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Key Requirements PROMPT example:

Waiver Of Subrogation Form

"I need a Waiver of Subrogation Form for a commercial construction project in Brisbane, where our company as the main contractor needs multiple subcontractors to waive their rights of subrogation for the period January 2025 to December 2025."

Document background
The Waiver of Subrogation Form is a crucial risk management tool in Australian business operations, particularly relevant when multiple parties are involved in commercial relationships such as construction projects, property leases, or service agreements. This document becomes necessary when parties wish to prevent insurers from pursuing recovery claims against specific third parties, thereby reducing potential disputes and litigation costs. The form must comply with Australian federal and state insurance regulations, including the Insurance Contracts Act 1984 (Cth), and typically includes specific details about the insurance policies affected, the scope of the waiver, and the duration of the arrangement. It's commonly used in conjunction with commercial contracts where parties have agreed to limit their liability exposure and streamline their insurance arrangements.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including the insurer, insured, and any other relevant parties

2. Background: Context of the waiver, including reference to the primary insurance policy and the relationship between the parties

3. Definitions: Key terms used in the document, including 'Subrogation Rights', 'Insurance Policy', and other relevant terms

4. Waiver Declaration: Clear statement of the waiver of subrogation rights and its scope

5. Duration: Period for which the waiver remains effective, including start and end dates if applicable

6. Insurance Policy Details: Reference to the specific insurance policy(ies) to which the waiver applies

7. Governing Law: Specification that Australian law governs the waiver

8. Execution: Signature blocks and execution requirements for all parties

Optional Sections

1. Consideration: Details of any consideration provided for the waiver, if applicable

2. Limitations and Exceptions: Any specific exclusions or limitations to the waiver of subrogation

3. Representations and Warranties: Additional assurances or declarations by the parties, used in more complex arrangements

4. Notice Requirements: Procedures for providing notices under the waiver, included when ongoing communication may be necessary

5. Severability: Clause ensuring partial invalidity doesn't void the entire agreement, included in more formal versions

6. Amendment Process: Procedures for modifying the waiver, included in longer-term arrangements

Suggested Schedules

1. Schedule A - Insurance Policy Details: Detailed information about the insurance policies covered by the waiver

2. Schedule B - Affected Properties/Assets: List of specific properties or assets to which the waiver applies, if relevant

3. Schedule C - Related Agreements: List of any related agreements or contracts affected by the waiver

4. Appendix 1 - Certificate of Insurance: Copy of relevant insurance certificates demonstrating coverage

5. Appendix 2 - Corporate Authorizations: Any required corporate authorizations or resolutions approving the waiver

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

Relevant Industries

Insurance

Construction

Real Estate

Property Management

Manufacturing

Healthcare

Mining

Infrastructure

Commercial Property

Industrial

Retail

Transportation

Energy

Maritime

Relevant Teams

Legal

Risk Management

Insurance

Compliance

Operations

Finance

Property Management

Facilities

Project Management

Contracts Administration

Relevant Roles

Risk Manager

Insurance Manager

Legal Counsel

Contract Administrator

Property Manager

Facility Manager

Claims Manager

Compliance Officer

Project Manager

Operations Manager

Chief Financial Officer

Insurance Broker

Construction Manager

Real Estate Manager

General Counsel

Industries
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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