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Deed Of Variation On Property Template for Australia

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Key Requirements PROMPT example:

Deed Of Variation On Property

"I need a Deed of Variation on Property to modify the settlement date of our existing property purchase agreement from March 15, 2025, to May 30, 2025, due to financing delays, and include the bank's consent as mortgagee."

Document background
The Deed of Variation on Property is a crucial legal instrument in Australian property law that allows parties to modify existing property agreements without terminating or replacing them entirely. This document type is commonly used when circumstances require changes to original property arrangements, such as adjusting settlement dates, purchase prices, property boundaries, or other material terms. It must comply with the formal requirements of Australian deed execution and may need to be registered with state land registries. The deed is particularly important in complex property transactions where maintaining the original agreement's framework while incorporating necessary changes is essential. When drafting a Deed of Variation on Property, consideration must be given to state-specific legislation, stamp duty implications, and registration requirements. The document typically requires careful review by legal professionals to ensure all variations are properly documented and legally enforceable.
Suggested Sections

1. Parties: Identifies all parties to the deed, including their full legal names, addresses, and any registration numbers for companies

2. Background/Recitals: Sets out the context of the variation, including details of the original agreement and the reason for variation

3. Definitions and Interpretation: Defines key terms used in the deed and establishes interpretation principles

4. Original Agreement: Identifies and describes the agreement being varied, including its date and parties

5. Variation Details: Clearly specifies all variations being made to the original agreement, with precise reference to affected clauses or terms

6. Effective Date: Specifies when the variations take effect

7. Confirmation: Confirms that all other terms of the original agreement remain unchanged

8. Costs and Stamp Duty: Addresses responsibility for costs and any stamp duty arising from the variation

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

10. Execution: Formal execution block for all parties to sign, including witness requirements

Optional Sections

1. Consent of Third Parties: Required when the variation affects rights of third parties such as mortgagees or guarantors

2. GST: Include when the variation has GST implications

3. Registration: Required when the variation needs to be registered with land titles office or other authorities

4. Mortgagee Consent: Include when property is mortgaged and bank consent is required

5. Further Assurance: Optional clause requiring parties to do all things necessary to give effect to the variation

6. Notices: Include if ongoing notices are required or if notice details are being updated

7. Severability: Optional clause addressing the severance of invalid provisions

Suggested Schedules

1. Schedule 1 - Original Agreement: Copy or extract of the original agreement being varied

2. Schedule 2 - Property Details: Full legal description of the property, including title references

3. Schedule 3 - Variation Terms: Detailed description of all variations, particularly useful for complex changes

4. Schedule 4 - Consent Forms: Forms of consent from third parties (if required)

5. Appendix A - Title Search: Current title search showing ownership and encumbrances

6. Appendix B - Plans: Any relevant plans or drawings if the variation relates to physical aspects of the property

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 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

Property Development

Banking and Finance

Legal Services

Construction

Property Management

Commercial Property

Residential Property

Urban Planning

Property Investment

Relevant Teams

Legal

Property Management

Real Estate Operations

Compliance

Risk Management

Contracts Administration

Settlement

Conveyancing

Property Development

Asset Management

Relevant Roles

Property Lawyer

Conveyancer

Real Estate Agent

Property Manager

Legal Counsel

Contract Administrator

Settlement Agent

Title Officer

Property Development Manager

Compliance Officer

Real Estate Transaction Manager

Property Portfolio 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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