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Deed Of Attornment Template for Australia

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Key Requirements PROMPT example:

Deed Of Attornment

"I need a Deed of Attornment to document the transfer of a commercial property lease from ABC Properties Ltd to XYZ Investments Pty Ltd effective March 1, 2025, with the existing tenant (Global Retail Corp) staying in place and maintaining their current lease obligations."

Document background
The Deed of Attornment is a crucial document in Australian commercial property and financing transactions where there's a change in one of the parties to an existing agreement. It's commonly used when there's a transfer of property ownership, assignment of lease, or change in lending arrangements. The deed ensures that all parties formally acknowledge and consent to the change, maintaining the continuity and enforceability of the original agreement. It must comply with Australian deed execution requirements and typically includes detailed provisions about the nature of the attornment, any conditions precedent, and the ongoing obligations of all parties. The document is particularly important in secured lending arrangements where the security interests need to be preserved despite changes in the underlying relationships.
Suggested Sections

1. Parties: Identifies all parties to the deed, including the existing parties and the incoming party

2. Background: Recitals explaining the existing contractual relationship, reason for attornment, and purpose of the deed

3. Definitions: Defines key terms used throughout the deed, including references to the original agreement and relevant dates

4. Attornment and Acknowledgment: Core clause where the continuing party acknowledges and accepts the new party as a replacement for the outgoing party

5. Consent: Express consent to the transfer or assignment of rights and obligations

6. Confirmation of Terms: Confirmation that the original agreement terms remain unchanged except for the substitution of parties

7. Effective Date: Specifies when the attornment takes effect

8. Governing Law: Specifies the governing law and jurisdiction for the deed

9. Execution: Formal execution blocks for all parties, including witness requirements for a deed

Optional Sections

1. Release of Outgoing Party: Used when the outgoing party needs to be released from future obligations while retaining liability for past actions

2. Security Arrangements: Required when existing security arrangements need to be addressed or new security is being provided

3. Costs and Stamp Duty: Include when there's a need to specify responsibility for costs and stamp duty associated with the attornment

4. GST: Required when the attornment has GST implications that need to be addressed

5. Guarantees: Include when existing guarantees need to be confirmed or new guarantees are being provided

6. Confidentiality: Used when specific confidentiality obligations need to be imposed regarding the attornment

7. Registration: Include when the attornment needs to be registered with relevant authorities

Suggested Schedules

1. Schedule 1 - Original Agreement: Copy or details of the original agreement being attorned

2. Schedule 2 - Property Details: Details of the relevant property or lease if applicable

3. Schedule 3 - Existing Securities: List and details of any existing security arrangements

4. Schedule 4 - Conditions Precedent: Any conditions that must be satisfied before the attornment takes effect

5. Appendix A - Notice Details: Contact and notice details for all parties

6. Appendix B - Required Consents: Copies of any third-party consents required for the attornment

Authors

Alex Denne

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

Relevant legal definitions




























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Relevant Industries

Real Estate

Commercial Property

Banking & Finance

Property Development

Retail

Industrial

Office Space

Healthcare Facilities

Educational Institutions

Hospitality

Agricultural Land

Relevant Teams

Legal

Property Management

Real Estate

Commercial

Finance

Compliance

Risk Management

Operations

Asset Management

Facilities Management

Relevant Roles

Property Manager

Legal Counsel

Commercial Property Lawyer

Real Estate Manager

Facility Manager

Asset Manager

Commercial Director

Finance Manager

Property Development Manager

Leasing Manager

Contract Administrator

Company Secretary

Risk Manager

Compliance Officer

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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