Non Payment Of Settlement Agreement for Australia

Non Payment Of Settlement Agreement Template for Australia

This document is a legally binding agreement used in Australian jurisdictions when a party has defaulted on payments under an existing settlement agreement. It acknowledges the default, restates the debt, and establishes new payment terms or enforcement mechanisms. The agreement is drafted in compliance with Australian contract law and relevant state/territory legislation, incorporating specific provisions for debt recovery and enforcement. It includes detailed terms about the outstanding amount, revised payment schedule, consequences of further default, and any security arrangements, while ensuring compliance with Australian civil procedure requirements and limitation periods.

Your data doesn't train Genie's AI

You keep IP ownership of your information

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Download a Standard Template

4.6 / 5
4.8 / 5
Access for free
OR

Alternatively: Run an advanced review of an existing
Non Payment Of Settlement Agreement

Let Genie AI's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.
Upload your Doc

What is a Non Payment Of Settlement Agreement?

The Non-Payment of Settlement Agreement is a crucial legal document used in Australian jurisdictions when a party fails to meet their payment obligations under an existing settlement agreement. This document becomes necessary when the original settlement terms have been breached through non-payment, requiring a formal acknowledgment of the default and establishment of new arrangements. It serves multiple purposes: documenting the outstanding debt, setting new payment terms, outlining consequences of further default, and preserving legal rights for enforcement. The agreement must comply with Australian contract law principles and relevant state/territory legislation governing debt recovery and enforcement. It's particularly important in commercial disputes, civil litigation settlements, and debt restructuring scenarios, where it provides a clear framework for resolving payment defaults while maintaining legal enforceability.

What sections should be included in a Non Payment Of Settlement Agreement?

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

2. Background: Recitals explaining the original settlement agreement, the default in payment, and the purpose of this agreement

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. Acknowledgment of Debt: Formal acknowledgment of the outstanding amount and the default under the original settlement agreement

5. Payment Terms: Specifies the revised payment arrangements, including amounts, dates, and payment methods

6. Default and Consequences: Details what constitutes a default under this agreement and the resulting consequences

7. Enforcement Rights: Outlines the creditor's rights to enforce the debt and available remedies

8. Security: Details of any security arrangements to guarantee payment

9. Representations and Warranties: Statements of fact and promises made by both parties

10. Costs and Expenses: Allocation of legal and other costs related to the agreement

11. General Provisions: Standard clauses covering notices, amendments, governing law, etc.

12. Execution: Formal signing section including attestation requirements

What sections are optional to include in a Non Payment Of Settlement Agreement?

1. Guarantee: Required when a third party guarantees the payment obligations

2. Interest Provisions: Details interest calculations and charges when applicable to the settlement

3. Confidentiality: Required when parties wish to keep the settlement terms private

4. Mutual Releases: Include when parties agree to release each other from claims upon completion of payment

5. Dispute Resolution: Optional detailed dispute resolution procedures beyond standard court proceedings

6. Default Interest: Specific interest rates and calculations applying to missed payments

7. Assignment: Include when either party may need to transfer their rights or obligations

8. Force Majeure: Include when external circumstances might affect payment capability

What schedules should be included in a Non Payment Of Settlement Agreement?

1. Schedule 1 - Original Settlement Agreement: Copy or summary of the original settlement agreement terms

2. Schedule 2 - Payment Schedule: Detailed breakdown of payment amounts and due dates

3. Schedule 3 - Outstanding Amount Calculation: Detailed calculation of the outstanding amount including any interest or penalties

4. Schedule 4 - Security Details: Specific details of any security arrangements or assets

5. Appendix A - Copy of Original Judgment: If the settlement relates to a court judgment, attach the judgment details

6. Appendix B - Evidence of Default: Documentation evidencing the payment default under the original settlement

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 legal definitions
Relevant Industries

Financial Services

Legal Services

Banking

Insurance

Real Estate

Construction

Manufacturing

Retail

Professional Services

Healthcare

Education

Technology

Mining and Resources

Transport and Logistics

Relevant Teams

Legal

Finance

Credit Control

Collections

Risk Management

Compliance

Corporate Secretariat

Treasury

Accounts Receivable

Operations

Commercial

Relevant Roles

Legal Counsel

Chief Legal Officer

Finance Director

Chief Financial Officer

Credit Manager

Collections Manager

Risk Manager

Compliance Officer

Contract Administrator

Corporate Secretary

Accounts Receivable Manager

Treasury Manager

Business Development Manager

Commercial Manager

Operations Manager

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

Find the exact document you need

Pre Possession Agreement

An Australian legal agreement allowing property buyers to take possession before settlement, outlining terms, conditions, and responsibilities of both parties.

find out more

Tenant Settlement Agreement

An Australian jurisdiction agreement that formalizes settlement terms between landlords and tenants, including financial arrangements and mutual releases.

find out more

Government Settlement Agreement

An Australian legal agreement resolving disputes between government entities and other parties, detailing settlement terms and compliance with public sector requirements.

find out more

Full And Final Release Settlement

An Australian legal agreement that provides a complete settlement of claims between parties, including payment terms and mutual releases from future liability.

find out more

Divorce Financial Settlement Consent Order

An Australian court order that formalizes agreed financial settlements between divorcing parties under the Family Law Act 1975.

find out more

Wage Settlement Agreement

An Australian legal agreement that documents the resolution of wage-related disputes between employers and employees, compliant with Fair Work Act requirements.

find out more

Debt Release Agreement

An Australian legal document that formally releases a debtor from their obligation to pay a specified debt, either wholly or partially, under Australian law.

find out more

Mutual Settlement Agreement

An Australian law-governed agreement that documents settlement terms between parties to resolve a dispute and prevent future claims.

find out more

Tripartite Settlement Agreement

An Australian law-governed agreement that formalizes settlement terms and obligations between three parties, providing a legally binding resolution to multi-party matters.

find out more

Termination And Settlement Agreement

An Australian law-governed agreement that documents employment termination terms and mutual settlement conditions between employer and employee.

find out more

Settlement Agreement Between Landlord And Tenant

An Australian legal agreement that documents the resolution of disputes between landlords and tenants, incorporating state-specific tenancy laws and settlement terms.

find out more

Selling House Divorce Agreement

An Australian legal agreement governing the sale of property between divorcing parties, combining family law and real estate transaction requirements.

find out more

Redundancy Agreement

An Australian legal agreement that sets out the terms and conditions for terminating employment due to a genuine redundancy situation, in compliance with Australian employment law.

find out more

Precedent Settlement Agreement

Australian precedent Settlement Agreement template for documenting dispute resolutions, incorporating key provisions under Australian law and jurisdiction-specific requirements.

find out more

Global Settlement Offer Divorce

An Australian family law document proposing comprehensive terms for divorce settlement, including property division, financial arrangements, and applicable parenting matters.

find out more

Division Agreement

An Australian legal document governing the division of business assets, operations, or corporate entities under Australian federal and state laws.

find out more

Contract Settlement Agreement

An Australian law-governed agreement that formally documents the resolution of a dispute between parties, including settlement terms and mutual releases.

find out more

Binding Settlement Agreement

An Australian law-governed agreement that formally documents settlement terms between disputing parties, ensuring legal enforceability and clear resolution parameters.

find out more

Voluntary Redundancy Settlement Agreement

An Australian law-governed agreement documenting the terms and conditions of a voluntary redundancy between employer and employee, including statutory entitlements and mutual obligations.

find out more

Inheritance Settlement Agreement

An Australian law-governed agreement that formalizes the settlement of inheritance disputes and arrangements between parties with interests in a deceased estate.

find out more

Estate Family Settlement Agreement

An Australian legal agreement formalizing the settlement and distribution arrangements of an estate between family members.

find out more

Divorce Agreement

An Australian legal document that formalizes divorce terms and conditions under the Family Law Act 1975, including property settlement and parenting arrangements.

find out more

Dismissal Settlement Agreement

An Australian law-governed agreement that formally documents the terms of an employee's departure and settlement, including compensation, releases, and ongoing obligations.

find out more

Whistleblowing Settlement Agreement

An Australian law-governed agreement settling whistleblowing matters between an organization and whistleblower, ensuring compliance with federal whistleblower protection laws.

find out more

Settlement Agreement Not To Sue

An Australian-law governed settlement agreement that resolves disputes through formal release of claims and covenants not to sue, providing legal finality to potential or existing disputes.

find out more

Divorce Stipulation Agreement

An Australian legal agreement documenting divorce terms and conditions, including property division and financial arrangements, under the Family Law Act 1975.

find out more

Non Payment Of Settlement Agreement

An Australian jurisdiction agreement documenting default on settlement payments, establishing new payment terms and enforcement mechanisms.

find out more

Federal Settlement Agreement

An Australian federal jurisdiction agreement that formally documents settlement terms between parties, ensuring compliance with federal laws and court requirements.

find out more

Family Settlement Agreement Probate

An Australian legal agreement that formalizes the settlement of estate distribution disputes under state probate laws and establishes binding terms for all parties involved.

find out more

Bullying Settlement Agreement

An Australian law-governed agreement documenting the settlement terms and mutual obligations resolving workplace bullying allegations between employees and involved parties.

find out more

Agreed Reference Settlement Agreement

An Australian law-governed agreement that settles disputes and establishes terms for future references between parties.

find out more

Personal Injury Settlement Agreement

An Australian jurisdiction agreement that formalizes the settlement of a personal injury claim, outlining compensation terms and mutual obligations between the injured party and the responsible party.

find out more

Informal Settlement Agreement

An Australian informal settlement agreement for efficiently resolving disputes between parties under Australian law, featuring simplified terms and basic settlement provisions.

find out more

Workers Compensation Settlement Agreement

An Australian legal agreement documenting the settlement of a workers compensation claim between worker, employer, and insurer, governed by state/territory compensation laws.

find out more

Settlement Agreement Compensation Payment

An Australian-law governed agreement documenting settlement terms and compensation payment between parties to resolve a dispute or claim.

find out more

Non Disparagement Settlement Agreement

An Australian legal agreement combining settlement terms with mutual commitments to refrain from making disparaging statements about other parties.

find out more

Tentative Settlement Agreement

An Australian jurisdiction document outlining preliminary settlement terms between parties, serving as a framework for negotiating a final settlement agreement.

find out more

Small Claims Settlement Agreement

An Australian legal document that formalizes the settlement of small claims disputes through state/territory tribunals, typically for claims under $25,000.

find out more

Short Settlement Agreement

An Australian law-governed agreement that efficiently documents dispute resolution terms and mutual obligations between settling parties.

find out more

Relationship Settlement Agreement

An Australian legal agreement documenting the settlement terms between separating parties under the Family Law Act 1975 (Cth).

find out more
See more related templates

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it

2 Docs LeftAccess Now