Contracts — drafting techniques

Authored by the LexisNexis Legal Writer team.

This guidance note supports practitioners to draft in plain English.

Drafting techniques

When adapting precedents or other documents to a plain English standard, it is necessary to take certain steps.

These steps are summarised below.

For more comprehensive information, see Plain English drafting guide.

Planning content

At the outset of any drafting exercise, it is necessary to consider who the readers might be.

The goal is to produce a document which ensures that the reader can quickly find and understand the information set out in the document.

The document must also align with its purpose. Many precedents are used without understanding the document or without thought as to whether it aligns with the client’s needs. Taking time at the outset to consider this will assist in achieving a better client outcome. For example, if employees are covered by a modern award then carefully consider whether the employment contract deals with the complexities that arise regarding award-based entitlements.

Tax may also be relevant, including for the structuring of remuneration and benefits, superannuation, termination payments and decisions on worker classification (eg, contractor versus employee). It is advisable to consider this aspect at the outset prior to drafting.