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Deed Of Indemnity Form

Deed Of Indemnity Form Template for Australia

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Key Requirements PROMPT example:

Deed Of Indemnity Form

"I need a Deed of Indemnity Form for my Australian tech company to protect our newly appointed director against potential personal liability, with the company as indemnifier and including specific provisions for cyber security incidents."

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Document background
The Deed of Indemnity Form is a crucial risk management instrument in Australian business and legal practice, designed to provide formal protection against specified losses or liabilities. This document is commonly utilized in situations where one party needs to provide comprehensive protection to another, such as in corporate transactions, director appointments, professional services arrangements, or project-specific risk allocations. The deed format is specifically chosen over a standard contract as it provides certain advantages under Australian law, including a longer limitation period for enforcement (typically 12 years) and no requirement for consideration. The document must comply with state-specific legislation regarding deed execution and electronic signing requirements, while also adhering to common law principles regarding indemnities. It typically includes detailed provisions about the scope of protection, claim procedures, and enforcement mechanisms.
Suggested Sections

1. Parties: Identifies and defines all parties to the deed, including the Indemnifier and the Indemnified Party

2. Background: Sets out the context and circumstances leading to the need for the indemnity

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

4. Indemnity: Core section detailing the scope of the indemnity, what losses are covered, and any limitations

5. Duration: Specifies when the indemnity begins and ends, including any survival provisions

6. Conditions and Obligations: Lists any conditions that must be met for the indemnity to apply and ongoing obligations of both parties

7. Claims Procedure: Details the process for making and handling indemnity claims

8. Dispute Resolution: Outlines the process for resolving any disputes related to the deed

9. General Provisions: Standard boilerplate clauses including governing law, notices, and amendment procedures

10. Execution: Formal execution block meeting deed requirements including witness provisions

Optional Sections

1. Insurance Requirements: Details any insurance obligations of the Indemnifier - include when insurance coverage is required as part of the indemnity arrangement

2. Multiple Indemnifiers: Specifies joint and several liability provisions - include when there is more than one indemnifying party

3. Security: Details any security required to support the indemnity - include when additional security is required

4. Confidentiality: Confidentiality obligations regarding the deed and related information - include for sensitive commercial arrangements

5. Assignment and Novation: Rights and restrictions regarding transfer of rights/obligations - include when transfer rights are important

6. Third Party Rights: Provisions regarding rights of third parties under the deed - include when third parties may need to enforce rights

7. Specific Exclusions: Details specific circumstances or losses excluded from the indemnity - include when certain risks need to be explicitly excluded

Suggested Schedules

1. Schedule 1 - Specified Events: Detailed list of events or circumstances covered by the indemnity

2. Schedule 2 - Claims Procedures: Detailed procedures for notification and handling of claims

3. Schedule 3 - Insurance Requirements: Specific insurance requirements including types of coverage and minimum amounts

4. Schedule 4 - Security Details: Details of any security provided to support the indemnity

5. Appendix A - Notice Requirements: Forms and procedures for giving notices under the deed

6. Appendix B - Claim Form: Standard form for making indemnity claims

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

alex.den.21@genieai.co
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Relevant Industries

Financial Services

Professional Services

Construction and Infrastructure

Mining and Resources

Healthcare

Technology and Software

Manufacturing

Real Estate and Property

Insurance

Education

Retail and Consumer Goods

Energy and Utilities

Relevant Teams

Legal

Risk Management

Compliance

Corporate Governance

Finance

Executive Leadership

Operations

Commercial

Insurance

Company Secretariat

Business Development

Project Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Company Director

Company Secretary

General Counsel

Legal Counsel

Risk Manager

Compliance Officer

Corporate Lawyer

Commercial Manager

Project Manager

Contract Manager

Insurance Manager

Board Member

Managing Director

Chief Risk Officer

Chief Operating 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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