Deed of Release (Australia)
DEED OF RELEASE
This Deed of Release is executed as a deed on [Deed Date].
PARTIES
(1) [Releasor Name] [Releasor ABN/ACN], of [Releasor Street Address], [Releasor Suburb] [Releasor State] [Releasor Postcode] ("Releasor"); and
(2) [Releasee Name] [Releasee ABN/ACN], of [Releasee Street Address], [Releasee Suburb] [Releasee State] [Releasee Postcode] ("Releasee").
BACKGROUND
A. The Releasor has or may have claims, demands, or causes of action against the Releasee arising from: [Claims Description] (collectively, the "Claims").
B. The Releasor wishes to release the Releasee from the Claims on the terms set out in this Deed.
C. The Releasor has had the opportunity to obtain independent legal advice before executing this Deed and acknowledges the limitation periods applicable to the Claims under the Limitation Acts of [Governing State].
THE RELEASOR AGREES AS FOLLOWS:
1. RELEASE AND DISCHARGE
1.1 The Releasor, for and on behalf of itself and its heirs, executors, administrators, successors, and assigns, hereby fully, finally, and irrevocably releases, acquits, and forever discharges the Releasee and its officers, directors, employees, agents, related bodies corporate, successors, and assigns from all actions, suits, claims, demands, debts, accounts, costs, expenses, and causes of action of any nature whatsoever (whether in contract, tort, equity, or under statute), whether known or unknown, which the Releasor now has, has had, or may in the future have against the Releasee arising out of or in connection with the Claims.
1.2 The Releasor covenants with the Releasee that the Releasor will not commence, maintain, prosecute, or encourage any action, claim, suit, or proceeding in any court, tribunal, arbitral body, commission, or other forum in connection with the Claims.
1.3 The Releasor acknowledges that this release extends to claims of which the Releasor is not currently aware and which the Releasor did not suspect to exist in its favour at the date of this Deed, including any claims that might arise from facts not yet known to the Releasor, and that this Deed has been negotiated and executed in contemplation of and reliance upon this acknowledgment, following the principles established in Grant v John Grant & Sons Pty Ltd (1954) 91 CLR 112.
1.4 The Releasor acknowledges the limitation periods applicable to the Claims under applicable Australian law, including the relevant provisions of the Limitation Act in [Governing State], and confirms that this Deed is executed as a full and final settlement of the Claims within those periods.
2. NO ADMISSION OF LIABILITY
2.1 Nothing in this Deed constitutes or is to be taken as an admission of liability, wrongdoing, or fault by the Releasee in connection with the Claims. The Releasee enters into this Deed without admitting liability and denies all liability for the Claims.
2.2 The Releasor agrees not to disclose or use the existence of this Deed, or the fact of any payment made under it, as evidence of liability or wrongdoing by the Releasee in any legal proceedings.
3. REPRESENTATIONS AND WARRANTIES
3.1 The Releasor represents and warrants that: (a) it has full power and authority to enter into this Deed and to grant the release contained herein; (b) it has not assigned, transferred, charged, or otherwise dealt with any of the Claims; (c) no other person or entity has any interest in the Claims; (d) it has had the opportunity to obtain independent legal advice before executing this Deed; and (e) it enters into this Deed freely and voluntarily, without duress, undue influence, or misrepresentation by the Releasee.
4. GENERAL
4.1 This Deed constitutes the entire agreement between the parties in relation to the subject matter hereof and supersedes all prior agreements, representations, and negotiations in relation to the Claims.
4.2 Any amendment to this Deed must be made in writing and signed by both parties.
4.3 If any provision of this Deed is held invalid, void, or unenforceable, the remaining provisions continue in full force and effect.
4.4 This Deed is governed by and construed in accordance with the laws of [Governing State], Australia. Each party submits to the non-exclusive jurisdiction of the courts of [Governing State] in relation to any dispute arising under or in connection with this Deed.
4.5 The parties acknowledge that this Deed is intended to be enforceable for 12 years from the date of any breach, in accordance with the applicable Limitation Act in [Governing State].
EXECUTED AS A DEED
RELEASOR: [Releasor Name]
Signed, sealed and delivered by [Releasor Name] in the presence of:
Signature of Releasor: ___________________________
Name of Witness: ___________________________
Signature of Witness: ___________________________
Address of Witness: ___________________________
Date: ___________________________
RELEASEE: [Releasee Name]
Acknowledged by [Releasee Name]:
Signature: ___________________________
Name: ___________________________
Title (if company): ___________________________
Date: ___________________________
NOTE FOR COMPANIES: If either party is a company, execution must comply with section 127 of the Corporations Act 2001 (Cth) — by two directors, or a director and company secretary, each signing in the presence of a witness.
Releasor
________________
Signature
Date: ________________
Releasee
________________
Signature
Date: ________________
What Is a Deed of Release (Australia)?
A Deed of Release in Australia releases one party from liability for specified risks or claims in exchange for participation or settlement, enforceable so far as permitted by the Australian Consumer Law (Competition and Consumer Act 2010, Schedule 2). It identifies the released party, the claims or liabilities given up, and the activity or settlement it covers.
The legal effect of a deed of release in Australia is governed by the common law as developed by Australian courts, most the High Court's decision in Grant v John Grant & Sons Pty Ltd (1954) 91 CLR 112. That case confirmed that a general release will extend to all claims within the scope of the described subject matter — including unknown claims — provided the language of the release is sufficiently broad and the parties have chosen words that naturally encompass the claims in question.
The execution requirements for a deed of release in Australia differ from those for a simple contract. For an individual, the deed must be signed in the presence of an adult witness who is not a party to the deed. For a company, execution must comply with section 127 of the Corporations Act 2001 (Cth), which permits execution by two directors, or a director and company secretary, without requiring a company seal. This method of execution creates a statutory presumption under section 129 that the deed was properly executed, which protects the Releasee if the company's authority to execute is later challenged.
A deed of release is appropriate wherever there is a risk that the Releasor may later bring claims against the Releasee — in personal injury cases, commercial disputes, property matters, and following the conclusion of any contractual relationship.
The legal framework governing the Deed of Release (Australia) in Australia draws on several key statutes and regulatory bodies. Under Australian law, the Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs) govern personal data in this document. The Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010) provides consumer guarantees under Sections 51-54. The Federal Circuit and Family Court of Australia has jurisdiction over family law matters under the Family Law Act 1975 (Cth). The Australian Financial Complaints Authority (AFCA) handles consumer financial disputes. State and territory Magistrates Courts handle small civil claims. Parties executing a Deed of Release (Australia) in Australia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Australian Consumer Law (Competition and Consumer Act 2010, Schedule 2) sets the foundational requirements.
When Do You Need a Deed of Release (Australia)?
A Deed of Release should be used in Australia whenever the Releasee wants a final, legally binding, and formally executed document that permanently extinguishes the Releasor's right to bring claims. It is the strongest form of release instrument available in Australia, combining the enforceability of deed execution with the breadth of a general release clause.
Common situations where a deed of release is used include: personal injury claims — where an injured person agrees to release a business, property owner, employer, or public body from all claims arising from a personal injury in exchange for a compensation payment; property damage claims — where a property owner releases a neighbour, contractor, or insurer from claims for damage to their property; commercial contract disputes — where a supplier, contractor, or service provider agrees to release a counterparty from claims arising from a breach of contract, delay, or defective performance; the end of a commercial relationship — where business partners, shareholders, or joint venture participants wish to achieve a clean break with no residual risk of future litigation; employment disputes — where an employee or former employee agrees to release their employer from claims arising from their employment or its termination (noting that statutory Fair Work Act claims require a formal deed of settlement); and insurance settlements — where an insurer settles a claim on behalf of its insured and requires the claimant to sign a deed of release before the settlement payment is made.
Because a deed does not require consideration, it is also suitable for use in situations where the Releasor receives no monetary payment in return — for example, where the Releasee provides a non-monetary benefit such as a written apology, a reference, or the waiver of a debt, or where the parties simply wish to achieve closure with no payment changing hands.
What to Include in Your Deed of Release (Australia)
A well-drafted Australian Deed of Release must contain several key provisions to be legally effective and to achieve the finality the Releasee requires.
The identification of the parties must be precise. For individuals, the full given name and surname should be stated. For companies, the registered name and ACN or ABN must be stated exactly as they appear on ASIC records. If the Releasee is a company, the deed should identify all related bodies corporate that are intended to benefit from the release, as a release of a company does not automatically release its related entities.
The description of the claims being released is the most critical provision. Australian courts will not extend a release beyond the subject matter described in the deed — if a particular type of claim is not clearly within the scope of the description, the court may find that it has not been released. The description should be as specific as possible, covering the relevant event or contract, the date, the location, and the nature of the claims on each side. Where the Releasor intends to release unknown claims, the deed must expressly state this, following the principles in Grant v John Grant & Sons Pty Ltd (1954) 91 CLR 112.
The covenant not to sue supplements the release by providing a separate contractual remedy if the Releasor subsequently brings a released claim. Without a covenant not to sue, the Releasee's remedy for a breach of the release is limited to raising the release as a defence in any proceedings brought by the Releasor.
The indemnity clause protects the Releasee against claims brought by third parties — such as family members, heirs, related entities, or successors of the Releasor — in connection with the released claims. This is particularly important in personal injury cases, where family members may have independent claims.
The acknowledgment of limitation periods confirms that the Releasor is aware of the time limits for bringing their claims under the applicable Australian law and is executing the deed as a full and final settlement within those time limits. The governing law clause should specify the applicable Australian state or territory, as limitation periods for deeds vary across jurisdictions.
Additional compliance elements for a Deed of Release (Australia) used in Australia include: Under Australian law, the Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs) govern personal data in this document. The Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010) provides consumer guarantees under Sections 51-54. The Federal Circuit and Family Court of Australia has jurisdiction over family law matters under the Family Law Act 1975 (Cth). The Australian Financial Complaints Authority (AFCA) handles consumer financial disputes. State and territory Magistrates Courts handle small civil claims. Forms-legal.com provides this template as a starting point for Australia-compliant documentation.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Deed of Release (Australia) (Australia) [Legal document template]. Forms Legal. https://forms-legal.com/australia/personal/releases/deed-of-release-australia
"Deed of Release (Australia) (Australia)." Forms Legal, 2026, https://forms-legal.com/australia/personal/releases/deed-of-release-australia.
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title = {Deed of Release (Australia) (Australia)},
year = {2026},
howpublished = {\url{https://forms-legal.com/australia/personal/releases/deed-of-release-australia}},
note = {Free legal document template. Based on Australian Consumer Law (Competition and Consumer Act 2010, Schedule 2)}
}Also available for these jurisdictions:
Frequently Asked Questions
In Australia, a deed of release and a release of liability document are both instruments by which one party gives up claims against another, but they differ significantly in their legal character and requirements. A deed of release is executed as a formal deed, meaning it must comply with the deed execution requirements of the relevant state or territory — for an individual, it must be signed in the presence of a witness, and for a company, it must be executed under section 127 of the Corporations Act 2001 (Cth) by two directors or a director and company secretary. A deed does not require consideration (something of value given in return) to be enforceable, and it carries a 12-year limitation period for enforcement. A release of liability, by contrast, is typically a simple contractual document that requires consideration (such as a payment or a promise) to be legally binding, and it is subject to a 6-year limitation period under most state Limitation Acts. In practice, where parties are resolving a significant dispute — particularly one involving personal injury, property damage, or commercial claims — Australian lawyers almost always recommend using a deed of release rather than a simple contractual release, because of the higher level of formality, the absence of any consideration requirement, and the longer limitation period.
Yes. The High Court of Australia confirmed in Grant v John Grant & Sons Pty Ltd (1954) 91 CLR 112 that a general release will extend to all claims within the scope of the described subject matter, including claims that the releasing party did not know about at the time of execution, provided the language of the release is sufficiently broad. To maximise the scope of the release, the deed should expressly state that the release applies to claims 'whether known or unknown' and that the Releasor acknowledges that the release extends to claims of which they are not currently aware. Without this explicit language, an Australian court may apply a narrower construction and limit the release to claims that were known or reasonably in the contemplation of the parties at the time of signing. However, even with broad language, Australian courts will not extend a release beyond the subject matter described in the deed — the scope of the release is always anchored to the nature of the claims as identified in the deed, and any claims of a fundamentally different character may not be covered. This is why the description of the claims being released is the most critical provision in a deed of release.
Limitation periods for deeds in Australia vary by state and territory but are generally longer than those for simple contracts. In New South Wales, the limitation period for a deed is 12 years from the date of breach under section 14(4) of the Limitation Act 1969 (NSW). In Victoria, the limitation period for deeds is also 15 years under section 5(3) of the Limitation of Actions Act 1958 (Vic), though contract actions are subject to a 6-year period. In Queensland, the Limitation of Actions Act 1974 (Qld) provides a 6-year period for most contract actions and deeds, while section 10(4) provides a 12-year period for deeds in some circumstances. In Western Australia, the Limitation Act 2005 (WA) provides a 6-year general limitation period for all civil claims, including deeds. In South Australia, the Limitation of Actions Act 1936 (SA) provides a 6-year period for simple contracts and 15 years for deeds. These differences highlight why it is important to specify the correct governing state in the deed and to seek legal advice about the applicable limitation period in the relevant jurisdiction.
An indemnity clause should be included in an Australian deed of release whenever there is a risk that third parties — such as the Releasor's family members, heirs, estate, related companies, or successors — may have or assert claims against the Releasee in connection with the same subject matter covered by the release. For example, in personal injury cases, an injured person may release their own claims against the Releasee, but family members may have separate claims for nervous shock or loss of consortium under state-based legislation. Without an indemnity, the Releasee may find itself defending claims by third parties even after having obtained a release from the primary Releasor. An indemnity clause addresses this risk by requiring the Releasor to indemnify the Releasee against any costs, claims, and expenses arising from such third-party claims. The indemnity should be clearly limited to claims arising from the subject matter of the release, and it should specify whether it applies on a full indemnity basis (including legal costs on a solicitor-client basis) or a standard costs basis. In commercial disputes, indemnity clauses are also used to protect against claims by related entities — for example, where the Releasor is a company, the indemnity would prevent the company's shareholders or directors from bringing derivative claims after the company has given its release.
Yes. Australian courts can set aside a deed of release on several grounds. The most common grounds are: misrepresentation under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or the general law — if the Releasee made a false statement of fact that induced the Releasor to sign the deed; unconscionable conduct under section 20 of the Australian Consumer Law — if the Releasee took advantage of a special disadvantage of the Releasor (such as illness, financial stress, language difficulties, or lack of legal advice); duress — including economic duress, if the Releasor was improperly pressured into signing; undue influence — if the Releasee had a relationship of trust and confidence with the Releasor and used that relationship to obtain the release; and non est factum — if the Releasor signed a document fundamentally different from what they understood it to be. In addition, personal injury releases must comply with any applicable state legislation — for example, in some states, a release of personal injury claims given before the commencement of proceedings may have limited effect, particularly in the workers' compensation context. To minimise the risk of challenge, the Releasee should requires the Releasor has had adequate time and opportunity to obtain independent legal advice, the consideration (if any) is reasonable, and the deed accurately describes the claims being released.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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