Novation of contract

Novation of contract
Author(s) : Kalina Rose
Short Description : This is a precedent agreement for novation of a contract to a third party. That is, one of the original parties to the contract becomes replaced by a new party, with the consent of all parties.
Publisher : LexisNexis
Format : Word document delivered by email
Page length: 3
ISBN : 0000687332
Published : October, 2012

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This precedent document is a template agreement for novation of a contract. That is, one of the original parties to the contract becomes replaced by a new party, with the consent of all parties. Both the benefit and burden of the original contract are passed from the retiring party to the new party.

The precedent agreement for novation of contract includes clauses relating to:
• substitution of the incoming party for the outgoing party under the original contract
• relevant indemnities, warranties and releases
• responsibility for ancillary costs e.g. stamp duty
• conditions precedent to the novation

The precedent includes author's notes addressing relevant background information and other considerations for drafters.

Sample document
To preview the precedent novation of contract click here.

This precedent is also available via subscription to the Australian Encyclopaedia of Forms and Precedents.

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Kalina Rose


Kalina Rose is a commodities and derivatives lawyer working on Macquarie Bank's Fixed Income, Currencies and Commodities (FICC) trading floor in London. Prior to moving to the UK, she was a barrister at the Sydney Commercial Bar.