The Disclosure of Settlement Agreement is a crucial document used in Australian legal practice when parties need to share specific information from a confidential settlement agreement with authorized third parties. This document becomes necessary when there are legitimate business, legal, or regulatory reasons to disclose settlement details while maintaining overall confidentiality. It's commonly used in scenarios involving corporate transactions, regulatory compliance, insurance claims, or professional advice requirements. The document operates under Australian jurisdiction, incorporating federal and state legal requirements, particularly those relating to privacy, contractual obligations, and industry-specific regulations. It provides a structured framework for managing the disclosure process while protecting the interests of all parties involved.
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1. Parties: Identifies all parties to the disclosure agreement, including the original settlement agreement parties and any new parties being granted disclosure rights
2. Background: Explains the context of the original settlement agreement and the reason for this disclosure agreement
3. Definitions: Defines key terms including 'Settlement Agreement', 'Confidential Information', 'Permitted Disclosure', and 'Authorized Recipients'
4. Purpose of Disclosure: States the specific purpose for which the settlement information is being disclosed
5. Scope of Disclosure: Details exactly what information from the settlement agreement may be disclosed
6. Authorized Recipients: Specifies who is authorized to receive the disclosed information
7. Confidentiality Obligations: Outlines the continuing confidentiality obligations for the disclosed information
8. Use Restrictions: Specifies how the disclosed information may and may not be used
9. Duration: Specifies how long the disclosure permissions and restrictions remain in effect
10. Liability and Indemnification: Addresses liability for unauthorized disclosure and indemnification obligations
11. Governing Law: Specifies that Australian law governs the agreement and which state's jurisdiction applies
1. Regulatory Compliance: Include when disclosure is required for regulatory or statutory compliance
2. Third Party Rights: Include when third parties have rights or obligations under the disclosure agreement
3. Return or Destruction of Information: Include when disclosed information must be returned or destroyed after a certain period
4. Dispute Resolution: Include when specific dispute resolution procedures are needed beyond standard legal remedies
5. Media Communications: Include when public or media communications about the settlement need to be addressed
6. Intellectual Property: Include when disclosed information contains intellectual property rights
7. Security Measures: Include when specific security measures are required for handling disclosed information
1. Schedule A - Permitted Disclosure Items: Detailed list of specific information from the settlement agreement that may be disclosed
2. Schedule B - Original Settlement Agreement Extract: Relevant excerpts from the original settlement agreement that are approved for disclosure
3. Schedule C - Authorized Recipients List: Comprehensive list of individuals or entities authorized to receive the disclosed information
4. Schedule D - Confidentiality Undertaking: Form of confidentiality undertaking to be signed by authorized recipients
5. Schedule E - Disclosure Protocols: Specific procedures and protocols for implementing the permitted disclosures
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