Agreed Reference Settlement Agreement for Australia

Agreed Reference Settlement Agreement Template for Australia

This document is a comprehensive settlement agreement governed by Australian law that establishes the terms and conditions for resolving disputes between parties while specifically addressing future reference provisions. It incorporates detailed terms regarding the content and delivery of employment or business references, release of claims, confidentiality obligations, and non-disparagement provisions. The agreement ensures compliance with Australian employment law, privacy regulations, and contract law principles while providing a framework for future cooperation between the parties.

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What is a Agreed Reference Settlement Agreement?

The Agreed Reference Settlement Agreement is a specialized legal document used in Australian jurisdictions when parties wish to resolve a dispute while establishing clear parameters for future references. This document is particularly valuable in employment-related settlements but can also be used in business relationship contexts. It combines traditional settlement provisions with specific terms regarding the content, timing, and delivery of future references. The agreement typically includes release of claims, confidentiality provisions, and specific obligations regarding what information can be shared about the relationship between the parties. It's designed to comply with Australian privacy laws, employment regulations, and contract law principles while providing certainty and protection for all parties involved.

What sections should be included in a Agreed Reference Settlement Agreement?

1. Parties: Identifies and defines all parties to the settlement agreement, including their legal status and contact details

2. Background: Outlines the context of the dispute and circumstances leading to the settlement

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

4. Settlement Terms: Details the core settlement provisions including payment terms, actions to be taken, and timing

5. Release: Specifies the scope of claims being released and the parties providing and receiving the release

6. Confidentiality: Sets out obligations regarding confidentiality of the settlement terms and related information

7. Non-Disparagement: Mutual obligations regarding future statements about other parties and the dispute

8. Representations and Warranties: Basic warranties about authority to enter agreement and understanding of terms

9. Entire Agreement: Confirms this document represents the complete agreement between parties

10. Governing Law: Specifies Australian law as governing law and relevant jurisdiction

11. Execution: Formal execution provisions and signing blocks for all parties

What sections are optional to include in a Agreed Reference Settlement Agreement?

1. Tax Treatment: Include when settlement involves significant monetary compensation or tax implications

2. Future Cooperation: Include when parties need to work together post-settlement

3. Insurance Obligations: Include when settlement involves insurance claims or future insurance requirements

4. Regulatory Compliance: Include when settlement requires regulatory notifications or compliance

5. Intellectual Property: Include when settlement involves IP rights or licensing

6. Return of Property: Include when physical or digital property needs to be returned

7. Social Media/Public Statements: Include when public communications need specific regulation

8. Dispute Resolution: Include when specific dispute resolution processes for future disputes are needed

What schedules should be included in a Agreed Reference Settlement Agreement?

1. Schedule 1 - Settlement Payment Details: Details of settlement amounts, payment methods, and timing

2. Schedule 2 - Released Claims: Comprehensive list of claims being released under the agreement

3. Schedule 3 - Required Actions: Detailed list of specific actions parties must take to implement settlement

4. Schedule 4 - Deed of Release: Form of release deed if separate execution required

5. Schedule 5 - Communications Plan: Agreed format and content for any public announcements

6. Appendix A - Related Documents: List of documents referenced in or relevant to the settlement

7. Appendix B - Form of Notice: Template for any required notices under the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Genie AI

Sector

Cost

Free to use
Relevant Industries

Professional Services

Financial Services

Healthcare

Technology

Manufacturing

Retail

Education

Construction

Mining

Hospitality

Transportation

Real Estate

Relevant Teams

Human Resources

Legal

Compliance

Risk Management

Executive Leadership

Operations

Industrial Relations

Corporate Affairs

Employee Relations

Talent Acquisition

Relevant Roles

Human Resources Director

Legal Counsel

Chief Legal Officer

Employment Relations Manager

Compliance Officer

Risk Manager

Chief Executive Officer

Chief Human Resources Officer

Talent Acquisition Manager

Operations Director

Department Manager

Senior HR Business Partner

Corporate Secretary

Settlement Administrator

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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