The Partial Settlement Agreement is a critical document used in Australian dispute resolution when parties wish to resolve certain claims while preserving others for future negotiation or litigation. This approach is particularly valuable when there is an opportunity to settle straightforward claims while more complex or contentious issues require further investigation or negotiation. The agreement must carefully delineate between settled and unsettled claims to prevent future disputes about the scope of the settlement. It should comply with Australian contract law principles and civil procedure requirements, including specific state/territory legislation where applicable. The document typically includes detailed provisions about payment terms, releases, and confidentiality, while explicitly preserving rights related to unsettled claims. This type of agreement is commonly used in complex commercial disputes, construction matters, insurance claims, and other situations where a phased resolution approach is beneficial.
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1. Parties: Identifies and defines all parties to the agreement, including their legal status and contact details
2. Background: Outlines the context of the dispute and the purpose of the partial settlement
3. Definitions and Interpretation: Defines key terms used in the agreement and sets out interpretation rules
4. Settled Claims: Clearly identifies and describes the specific claims being settled under this agreement
5. Outstanding Claims: Explicitly lists and describes the claims that remain unresolved and are not part of this settlement
6. Settlement Sum: Specifies the settlement amount and payment terms
7. Release: Details the scope of the release for settled claims while preserving rights for outstanding claims
8. Payment Terms: Specifies the method, timing, and conditions of settlement payments
9. Confidentiality: Sets out confidentiality obligations regarding the settlement terms
10. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement
1. Tax Implications: Include when the settlement payment has significant tax consequences that need to be addressed
2. Ongoing Obligations: Required when parties have continuing duties or obligations post-settlement
3. Non-disparagement: Include when parties wish to prevent negative statements about each other
4. Insurance Provisions: Include when insurance companies are involved in the settlement
5. Deed of Release: When the settlement requires a separate deed of release to be executed
6. Third Party Rights: Include when the settlement affects rights of parties not directly involved in the agreement
7. Security for Payment: Include when payment is to be secured by specific assets or guarantees
1. Schedule 1 - Settled Claims Detail: Detailed description of each claim being settled, including relevant dates and amounts
2. Schedule 2 - Outstanding Claims Detail: Comprehensive list and description of claims that remain unresolved
3. Schedule 3 - Payment Schedule: If payment is to be made in installments, details the payment dates and amounts
4. Schedule 4 - Release Terms: Detailed terms of the release for settled claims
5. Schedule 5 - Related Proceedings: List of any related legal proceedings affected by the settlement
6. Appendix A - Supporting Documents: Copies of relevant documents referenced in the agreement
7. Appendix B - Form of Release: Template or form of any release documents to be executed
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Construction
Manufacturing
Professional Services
Real Estate
Technology
Healthcare
Retail
Mining
Transportation
Energy
Insurance
Education
Telecommunications
Relevant Teams
Legal
Compliance
Risk Management
Finance
Corporate Affairs
Operations
Commercial
Dispute Resolution
Treasury
Internal Audit
Business Development
Project Management
Relevant Roles
Legal Counsel
Dispute Resolution Manager
Chief Legal Officer
Risk Manager
Compliance Officer
Contract Manager
Chief Financial Officer
Claims Manager
Settlement Officer
Corporate Secretary
General Counsel
Litigation Manager
Business Development Manager
Commercial Manager
Project Manager
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