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ARTICLE · 18 SEPTEMBER 2019

Deeds of release and their effectiveness - update 2019

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Article looks at three recent court decisions which discuss factors impacting upon certainty of deeds of release.

AustraliaCorporate/Commercial Law
Richard Ottley
Richard Ottley
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Introduction

Releases and in particular, deeds of release, play a significant role in resolving disputes across a wide range of issues and at different stages in their evolution. It is a reasonable expectation to have, as the beneficiary of a release, that it will provide certainty going forward and that the person providing the release (releasor) will cease to have any further claim.

However, in a small number of cases, the expectations of the person released (releasee) have been dashed, with claims being brought following the entering into of a deed of release. The outcome of a number of fairly recent decisions of the Federal Court and Federal Circuit Court in the employment setting, have brought into sharp focus, issues around deeds of release (usually somewhat of a legal backwater).

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