Deeds of Settlement and Release

Deeds of Settlement and Release are used by parties in settling contractual or commercial disputes or legal proceedings.

The Deed must very carefully:

  • record the general terms of settlement;
  • identify the cause of action or property to which the settlement relates;
  • set out releases and indemnities provided by each party which could range from partial releases and indemnities to full and final settlement of all known and unknown claims; and
  • provide for confidentiality.

Clients need to receive legal advice before entering into any Deed of Settlement and Release to ensure that the terms of a proposed settlement are suitable to the circumstances.

We advise clients with respect to the terms, and drafting, of Deeds of Settlement and Release, including:

  • providing advice as to the legal merits of an offer of settlement;
  • drafting a Deed of Settlement and Release to protect the client's interest(s);
  • liaising with other parties in relation to terms proposed to be included in a Deed of Settlement and Release; and
  • providing advice as to the terms of a Deed of Settlement and Release.

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