General Release of Liability (Australia)
GENERAL RELEASE OF LIABILITY
This General Release of Liability is given on [Release 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 or in connection with: [Claims Description] (collectively, the "Claims").
B. The parties have agreed to resolve the Claims on the terms set out in this Release.
C. The Releasor has had the opportunity to obtain independent legal advice from a qualified solicitor before signing this Release and acknowledges the limitation periods applicable to the Claims under applicable law in [Governing State].
CONSIDERATION AND RELEASE
1. CONSIDERATION
1.1 In consideration of [Consideration Amount] [Other Consideration] provided by the Releasee to the Releasor, and in consideration of [Consideration Type], the receipt and adequacy of which the Releasor hereby unconditionally and irrevocably acknowledges, the Releasor grants this General Release of Liability on the terms set out below.
2. GENERAL RELEASE AND DISCHARGE
2.1 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, contractors, agents, related bodies corporate, successors, and assigns (collectively, the "Released Parties") from all actions, suits, claims, demands, debts, accounts, costs, expenses, losses, damages, and causes of action of any nature whatsoever (whether in contract, in tort including negligence, in equity, or under statute), whether now known or hereafter discovered, which the Releasor has, has had, or may at any time have against the Released Parties, arising out of or in connection with the Claims.
2.2 The Releasor covenants with the Releasee that the Releasor will not at any time hereafter commence, maintain, prosecute, or assist or encourage any action, claim, suit, or proceeding in any court, tribunal, arbitral body, commission, or other forum against any of the Released Parties in connection with the Claims.
2.3 The Releasor acknowledges that this Release constitutes a full and final settlement of the Claims and that the Releasee enters into this Release in reliance upon the finality and comprehensiveness of this discharge.
3. AUSTRALIAN CONSUMER LAW — NOTICE
3.1 The Releasor acknowledges that the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) provides consumer guarantees in relation to the supply of goods and services to consumers that cannot be excluded, restricted, or modified under section 64 of the Australian Consumer Law. Nothing in this Release excludes, restricts, or modifies any consumer guarantee, right, or remedy to the extent that it cannot lawfully be excluded, restricted, or modified.
3.2 To the extent that any liability for breach of a consumer guarantee can be limited under section 64A of the Australian Consumer Law, the Releasee's liability is limited, at the Releasee's election, to the resupply of the relevant goods or services or the payment of the cost of resupply.
3.3 This Release does not purport to release any claim for a breach of a non-excludable consumer guarantee, any liability for personal injury or death that cannot be excluded under applicable law, any workers' compensation entitlement, or any superannuation entitlement under the Superannuation Guarantee (Administration) Act 1992 (Cth).
4. NO ADMISSION OF LIABILITY
4.1 Nothing in this Release 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 Release without admitting liability.
4.2 The Releasor agrees not to use the existence of this Release, or the fact of any payment made under it, as evidence of liability or wrongdoing by the Releasee in any legal or regulatory proceedings.
5. REPRESENTATIONS AND WARRANTIES
5.1 The Releasor represents and warrants that: (a) it has full legal power and authority to enter into this Release and to grant the release contained herein; (b) it has not assigned, transferred, charged, or otherwise dealt with the Claims or any part of them to any third party; (c) no other person or entity has any interest in the Claims; (d) it has had the opportunity to obtain independent legal advice from a qualified solicitor before executing this Release; and (e) it executes this Release freely and voluntarily, without duress, undue influence, or misrepresentation.
6. GENERAL
6.1 This Release constitutes the entire agreement between the parties in relation to the Claims and supersedes all prior agreements, representations, negotiations, and understandings in relation to the Claims.
6.2 This Release may not be amended except by written agreement signed by both parties.
6.3 If any provision of this Release is held invalid, void, or unenforceable, the remaining provisions continue in full force and effect.
6.4 This Release 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 Release.
6.5 This Release binds the Releasor and its heirs, executors, administrators, successors, and assigns and enures to the benefit of the Released Parties and their respective successors and assigns.
SIGNED by the Releasor:
Full name: [Releasor Name]
Signature: ___________________________
Date: ___________________________
Witness name: ___________________________
Witness signature: ___________________________
ACKNOWLEDGED by the Releasee:
Full name: [Releasee Name]
Signature: ___________________________
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 (Acknowledgment)
________________
Signature
Date: ________________
What Is a General Release of Liability (Australia)?
A General Release of Liability 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.
In Australia, a general release must be carefully drafted to follow the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) and applicable state and territory laws. Under section 64 of the Australian Consumer Law, any contract term that purports to exclude, restrict, or modify a consumer guarantee implied by the ACL is void. Consumer guarantees for services — including the guarantee of due care and skill (section 60) and fitness for purpose (section 61) — cannot be wholly eliminated by a private release agreement. However, for commercial contracts (services not ordinarily acquired for personal use), section 64A permits a limitation of liability for breach of a consumer guarantee to resupply of the services or the cost of resupply.
A general release is typically supported by consideration — something of value provided by the releasee to the releasor in exchange for the release of claims. This may be a monetary payment, the provision of goods or services, a mutual release of claims, or any other agreed benefit. Where no consideration passes, the release should be executed as a deed to confirm its legal enforceability, as a deed does not require consideration under Australian law.
A broad general release may cover both known claims (those the releasor is currently aware of) and unknown claims (those that may only emerge later, arising from the same matter). The inclusion of unknown claims is a significant legal step and should only be agreed to after the releasor has fully understood the potential scope of the claims being surrendered and, where appropriate, sought independent legal advice from a qualified solicitor.
For disputes involving employment, workers' compensation, or personal injury claims by minors, specific statutory regimes may restrict or govern the settlement process, and a private general release may not be sufficient without additional formal approvals.
The legal framework governing the General Release of Liability (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 General Release of Liability (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 General Release of Liability (Australia)?
An Australian General Release of Liability is needed whenever parties wish to achieve a complete and final resolution of all claims arising from a particular matter, dispute, or relationship, and want legally binding confirmation that neither party will pursue further action.
Common situations where an Australian General Release of Liability is appropriate include: commercial dispute resolution — where two businesses have a contractual disagreement, a defective goods or services claim, or a payment dispute that they wish to resolve by mutual agreement without litigation; personal injury settlements — where an individual has suffered harm and the parties agree to a lump sum payment in full and final settlement of all claims (noting that workers' compensation and certain other personal injury claims may require additional statutory approvals); conclusion of a business relationship — where a consulting, supply, or service arrangement is ending and both parties wish to confirm that all obligations have been fulfilled and all claims discharged; property disputes — following disputes about damage to property, boundary issues, or unpaid rent where the parties reach a negotiated resolution; commercial property transactions — where a landlord and tenant wish to fully and finally resolve all claims on termination of a commercial lease; and employment separations (non-unfair-dismissal) — where an employee and employer agree to a full and final settlement of all contractual and common law claims arising from the employment relationship (noting that statutory entitlements such as unpaid wages, superannuation, and entitlements under applicable modern awards cannot be released).
A general release is most effective when both parties have had the opportunity to obtain independent legal advice, the consideration is fair and reasonable in the circumstances, the claims being released are clearly identified, and the release is executed as a deed to avoid any dispute about consideration or enforceability.
What to Include in Your General Release of Liability (Australia)
A well-drafted Australian General Release of Liability must contain several essential elements to be legally effective and provide the intended protection.
The identification of parties must be precise, including full legal names, registered addresses, and — for companies — Australian Business Numbers (ABN) or Australian Company Numbers (ACN) as they appear on ASIC records. Any ambiguity about who is bound by the release can undermine its effectiveness.
The description of claims being released should be as specific as possible, identifying the underlying matter, dispute, or relationship that gives rise to the claims, and the period to which the release applies. While a general release is intended to be broad, Australian courts will construe ambiguous release language narrowly — meaning that poorly described claims may not be effectively released.
The Australian Consumer Law notice is essential. The release must acknowledge that certain consumer guarantees under the ACL cannot be excluded, and that the release does not purport to exclude those guarantees. Where the matter involves a commercial contract (not a personal use supply), the release should include the section 64A limitation of liability clause.
The consideration clause should clearly state what the releasee is providing in exchange for the release, and should include an acknowledgment by the releasor that the consideration has been received and is satisfactory. If the release is to operate as a deed (which is recommended where no consideration passes, or for claims of significant value), it should be clearly expressed to be a deed and executed with a witness.
The unknown claims clause extends the release to claims arising from the same matter that the releasor does not currently know about — this is critical for a truly thorough settlement. Including this clause requires the releasor to acknowledge that they may be releasing claims they are not aware of.
The mutual release clause (where applicable) confirms that both parties release each other, preventing either from bringing claims against the other in the future.
The representations and warranties require each party to confirm that they have full authority to execute the release, that they sign freely and voluntarily, that they have had the opportunity to seek legal advice, and that they have not already assigned the released claims to a third party.
Additional compliance elements for a General Release of Liability (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). General Release of Liability (Australia) (Australia) [Legal document template]. Forms Legal. https://forms-legal.com/australia/personal/releases/general-release-of-liability-australia
"General Release of Liability (Australia) (Australia)." Forms Legal, 2026, https://forms-legal.com/australia/personal/releases/general-release-of-liability-australia.
@misc{formslegal-general-release-of-liability-australia,
author = {{Forms Legal}},
title = {General Release of Liability (Australia) (Australia)},
year = {2026},
howpublished = {\url{https://forms-legal.com/australia/personal/releases/general-release-of-liability-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
A General Release of Liability is a legal document by which one party (the releasor) unconditionally surrenders all present and future claims against another party (the releasee) arising from a specified matter or dispute, in exchange for consideration. In Australia, general releases are used to achieve a full and final settlement of disputes — for example, following a commercial disagreement, a personal injury incident, a contractual dispute, or the conclusion of a business relationship. The release typically discharges all causes of action the releasor has or may have, whether known or unknown, arising from the identified matter. A well-drafted Australian general release must navigate the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)), which provides consumer guarantees that cannot be excluded by contract under section 64. It must also comply with applicable state laws, including any statutory limits on releasing certain claims (for example, workplace injury claims under workers' compensation legislation cannot be released by private agreement). General releases are most appropriate after a dispute has already arisen, or upon conclusion of a business relationship, where the parties wish to draw a final line under all possible claims. They should be distinguished from ongoing liability waivers (used prospectively before an activity) and deeds of settlement (which set out ongoing obligations alongside the release).
Only to a limited extent. Under section 64 of the Australian Consumer Law (ACL, Schedule 2 to the Competition and Consumer Act 2010 (Cth)), any term of a contract that purports to exclude, restrict, or modify a consumer guarantee implied by the ACL is void to the extent of the exclusion, restriction, or modification. Consumer guarantees relevant to services include the guarantee that services will be provided with due care and skill (section 60), that they will be fit for a stated purpose (section 61), and that they will be delivered in a reasonable time (section 62). This means a general release cannot, as a matter of law, eliminate a party's ACL rights in relation to the supply of consumer services. However, section 64A provides a partial exception: where services are not ordinarily acquired for personal, domestic, or household use or consumption, a contract may limit (but not wholly exclude) liability for breach of a consumer guarantee to resupply of the services or payment of the cost of resupply. This limitation can be included in a general release for commercial contracts. Importantly, a general release CAN effectively discharge claims that are not statutory consumer guarantees — for example, common law negligence claims, contractual claims, and equitable claims — provided the release language is clear and unambiguous and the release is supported by adequate consideration.
Under Australian contract law, a release of claims must be supported by consideration — something of value passing from the releasee to the releasor — to be legally binding as a contract. The consideration does not need to be of equal value to the claims being released; it simply needs to be real and not illusory. Common forms of consideration in a general release include: a monetary payment (lump sum settlement payment); the provision of goods or services; a mutual release of claims (each party releases the other, providing consideration to the other); waiver of a counterclaim; or any combination of these. If a party wishes to give an unconditional release without any consideration passing (for example, in a gratuitous settlement), the release should be executed as a deed rather than as a simple contract — a deed executed under seal does not require consideration to be binding. For a release to be executed as a deed in Australia, it must be clearly expressed to be a deed, signed by the party giving the release in the presence of a witness, and delivered to the other party. Most general releases in Australia are executed as deeds to avoid any argument about adequacy of consideration.
Several categories of claims in Australia cannot be lawfully released by private agreement, even where the parties intend to do so. Workers' compensation claims under state and territory workers' compensation legislation (including the Workers Compensation Act 1987 (NSW), the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), and equivalent legislation in other jurisdictions) generally cannot be settled or released by private agreement — formal approval of the relevant workers' compensation authority is required for a binding settlement. Superannuation entitlements under the Superannuation Guarantee (Administration) Act 1992 (Cth) cannot be released or waived by agreement. Certain unfair dismissal rights under the Fair Work Act 2009 (Cth) cannot be contracted out of, and a release of unfair dismissal claims must generally be approved by the Fair Work Commission. Consumer guarantees under the Australian Consumer Law (as discussed above) cannot be wholly excluded. Personal injury claims involving minors may require court approval of any settlement or release. Tax obligations cannot be contracted away. Practitioners drafting general releases should always consider whether any specific statutory regime applies to the claims being released, as failure to comply with applicable procedures may render the release wholly ineffective for those claims.
In many cases, yes. Executing a general release as a deed provides significant advantages in Australia. First, a deed does not require consideration to be legally binding — so a deed of release can be effective even where no monetary payment or other benefit passes from the releasee to the releasor, for example where the parties simply wish to document that all claims are discharged upon conclusion of their relationship. Second, a deed is enforceable for 12 years after execution under the Limitation Act 1969 (NSW) and equivalent state legislation (compared with 6 years for a simple contract), providing longer protection for the releasee. Third, execution as a deed provides clearer evidence of the parties' intention to create binding legal obligations. For a document to be a valid deed in Australia, it must: clearly express on its face that it is a deed or executed as a deed; be signed by the executing party in the presence of a witness (who must not be a party to the deed and who signs as witness); and be delivered to the other party. For companies, execution in accordance with section 127 of the Corporations Act 2001 (Cth) (signing by two directors or a director and company secretary) enables a deed to be executed without a common seal. Where significant claims are being released, seek advice from a qualified solicitor about whether the release should be executed as a deed.
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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