The Unjust Enrichment Letter of Demand is a critical legal document used in Australian jurisdiction when one party seeks to recover benefits unfairly retained by another. This document is typically employed when there has been no contract between the parties, or where a contract has failed, but one party has received a benefit that justice requires them to return. The letter must comply with Australian common law principles of unjust enrichment and relevant state-specific civil procedure rules. It should be used before initiating formal legal proceedings and must clearly outline the basis of the claim, quantify the enrichment, and provide a reasonable timeframe for response. The document is particularly important as it often serves as evidence in subsequent legal proceedings and demonstrates compliance with pre-litigation requirements.
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1. Sender and Recipient Details: Full legal names and addresses of both parties, including any relevant business details or ABN numbers
2. Date: The date of the letter, which is crucial for limitation period purposes
3. Subject Line: Clear identification that this is a Letter of Demand regarding unjust enrichment
4. Summary of Facts: Concise chronological outline of the relevant events leading to the unjust enrichment
5. Basis of Claim: Clear explanation of how the recipient has been enriched at the sender's expense
6. Demonstration of Unjustness: Explanation of why the enrichment is unjust and why there is no legal basis for the recipient to retain the benefit
7. Quantum of Claim: Precise amount being claimed, including any interest calculations
8. Demand for Payment: Clear statement of the amount demanded and the timeframe for payment
9. Payment Details: Bank account or other payment method details
10. Consequences of Non-Payment: Statement of intended legal action if payment is not received within the specified timeframe
1. Previous Correspondence: Reference to any previous attempts to resolve the matter, used when there has been prior communication
2. Interest Calculation Method: Detailed explanation of how interest has been calculated, included when claiming interest on the amount
3. Without Prejudice Save as to Costs: This heading is included when making settlement offers or attempting negotiations
4. Related Claims: Description of any related claims or matters, included when there are multiple connected issues
5. Alternative Dispute Resolution: Proposal for mediation or other ADR methods, included when seeking to avoid litigation
1. Schedule A - Evidence of Enrichment: Copies of relevant documents, transactions, or other evidence proving the enrichment
2. Schedule B - Calculation of Amount: Detailed breakdown of the amount claimed, including any calculations
3. Schedule C - Chronology: Detailed timeline of events when the matter is complex
4. Schedule D - Supporting Documents: Copies of relevant correspondence, contracts, or other supporting documentation
5. Schedule E - Interest Calculations: Detailed calculations of any interest claimed on the principal amount
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