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Partial Lien Release Template for Australia

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Key Requirements PROMPT example:

Partial Lien Release

"I need a Partial Lien Release document for a construction project in New South Wales, where we're releasing 60% of a $500,000 lien following a progress payment, with the remaining 40% to be held until project completion in March 2025."

Document background
The Partial Lien Release serves as a crucial document in Australian construction and property transactions where progressive payments are common. When a lien holder receives partial payment for their claim, they may agree to release their lien rights proportionally while maintaining security over the unpaid balance. This document type is particularly relevant in situations involving progress payments in construction projects, property development, or other scenarios where staged payments are made. The Partial Lien Release must conform to the requirements of the Personal Property Securities Act 2009 (Cth) and relevant state legislation, ensuring proper registration and enforcement of security interests. It provides security for both the lien holder, who retains rights over unpaid amounts, and the property owner or contractor, who receives clear documentation of the partial release of the security interest.
Suggested Sections

1. Title and Date: Document title 'Partial Lien Release' and date of execution

2. Parties: Identification of Lien Holder (Releasor) and Property Owner/Contractor (Releasee), including full legal names and addresses

3. Property Description: Detailed legal description of the property subject to the lien

4. Original Lien Information: Details of the original lien including date filed, amount, and recording information

5. Partial Release Terms: Specific amount being released and remaining lien amount

6. Consideration: Statement of the payment or other consideration received for the partial release

7. Release Declaration: Formal statement partially releasing the lien rights

8. Execution Block: Signature blocks, witness requirements, and notarization section

Optional Sections

1. Project Description: Details of the construction project - include when the lien relates to construction work

2. Conditional Release Language: Include when the release is conditional upon receipt of payment

3. Warranty of Authority: Statement warranting the authority to execute the release - include for corporate entities

4. Reservation of Rights: Explicit reservation of remaining lien rights - include when required by jurisdiction

5. Through Date: Specification of the date through which the release applies - include for progress payments

Suggested Schedules

1. Schedule A - Property Description: Detailed legal description of the property if too lengthy for main document

2. Schedule B - Payment Details: Breakdown of payments received and remaining amounts

3. Schedule C - Original Lien Documentation: Copies of original lien filing and recording information

Authors

Alex Denne

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

Relevant legal definitions




















Clauses


















Relevant Industries

Construction

Real Estate

Infrastructure

Mining

Commercial Property

Residential Property

Industrial Development

Engineering

Architecture

Relevant Teams

Legal

Construction

Property Management

Finance

Commercial

Risk and Compliance

Project Management

Contract Administration

Development

Relevant Roles

Construction Manager

Project Manager

Contract Administrator

Legal Counsel

Property Manager

Financial Controller

Claims Manager

Commercial Manager

Development Manager

Site Supervisor

Quantity Surveyor

Risk 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

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