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Short Form Novation Letter Template for Australia

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Key Requirements PROMPT example:

Short Form Novation Letter

"I need a Short Form Novation Letter to transfer our IT services agreement from ABC Technologies Pty Ltd to XYZ Digital Solutions Pty Ltd, with the transfer to take effect from 1 March 2025; the original agreement was signed in 2023 and has 2 years remaining."

Document background
The Short Form Novation Letter is designed for situations where parties need to efficiently transfer rights and obligations under an existing contract in Australian jurisdictions. It serves as a more streamlined alternative to a full novation deed, particularly suitable for straightforward novations where the underlying commercial arrangement remains largely unchanged. This document type is commonly used in corporate restructures, business sales, or project reassignments where one party needs to step into the shoes of another. The letter format maintains legal effectiveness while reducing complexity, though it should only be used when the novation terms are relatively simple and uncontroversial. It must comply with Australian contract law principles and any relevant state-specific requirements for novation arrangements.
Suggested Sections

1. Date: The date of the novation letter

2. Addressee Details: Full name and address of the continuing party

3. Reference Line: Clear reference to the original agreement being novated, including its date and parties

4. Introduction: Brief introduction identifying all parties (retiring party, continuing party, and new party)

5. Original Agreement Reference: Specific details of the agreement being novated, including date and key terms

6. Novation Statement: Clear statement of the novation, including effective date and key terms being transferred

7. Consent Statement: Statement of all parties' consent to the novation

8. Governing Law: Confirmation of the governing law (Australian law)

9. Execution Block: Space for signatures of all three parties

Optional Sections

1. Outstanding Obligations: Section addressing any outstanding obligations or payments up to the novation date

2. Specific Exclusions: Used when certain rights or obligations are specifically excluded from the novation

3. Confidentiality Statement: Required when the novation involves sensitive commercial information

4. Third Party Consents: Section confirming any required third-party consents have been obtained

5. GST Clause: Required when the novation has GST implications

6. Costs and Stamp Duty: Used when there are specific arrangements regarding transaction costs

Suggested Schedules

1. Original Agreement: Copy or extract of the agreement being novated

2. Party Details: Full details of all parties including registered addresses and ACN/ABN if applicable

3. Specific Rights and Obligations: Detailed list of specific rights and obligations being novated, if required

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















Clauses














Relevant Industries

Financial Services

Real Estate

Construction

Information Technology

Professional Services

Manufacturing

Retail

Mining and Resources

Healthcare

Education

Telecommunications

Infrastructure

Energy

Relevant Teams

Legal

Commercial

Operations

Procurement

Risk and Compliance

Contract Administration

Corporate Services

Business Development

Project Management Office

Legal Operations

Relevant Roles

Legal Counsel

Contract Manager

Commercial Manager

Project Manager

Business Development Manager

Operations Manager

Chief Legal Officer

Company Secretary

Risk Manager

Procurement Manager

Corporate Lawyer

Transaction Manager

General Counsel

Legal Operations 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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