Settlement Agreements and Releases - Negotiation and Drafting Tips – Leo Cussen Centre for Law

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Settlement Agreements and Releases - Negotiation and Drafting Tips

Settlement Agreements and Releases - Negotiation and Drafting Tips

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Recent cases including Zivkovic v Parke [2022] VSCA 43 highlight the risks and consequences when the terms of a settlement agreement are not clearly and unambiguously recorded. Disputes as to how the matter has settled or whether the settlement agreement has been performed can be avoided through clear drafting and unambiguous communication.

This session will assist with drafting clear and enforceable terms of settlement and will cover issues and minimising risks including:

  • The different categories of settlement - mere accord executory, accord and satisfaction, and accord and conditional satisfaction;
  • Binding settlement;
  • Drafting release clauses - Tips and Traps;
  • Confidentiality; and
  • Tax Payable.