SETTLEMENT AGREEMENT

Between

LWD COUNCIL (“Plaintiff”)

And

JILL THAMES (“Defendant”)

BACKGROUND:

A. This Agreement relates to an incident involving the plaintiff and defendant where defendant
noticed large cracks on his wall due to the implantation of a tree on the nature strip of the
defendant 20 years ago.
B. The defendant acknowledges the plaintiff's situation, pain and suffering from the incident and
the defendant expresses sincere remorse over the incident and the plaintiff will make all the
arrangements to remove the tree.
C. Both the parties have agreed, on a without prejudice basis, to enter into a settlement
agreement upon the terms below.
D. Both of the parties have agreed upon without any prejudice basis to seek from the Court its
approval, to enter into a settlement agreement upon the given terms and conditions mentioned
below.

OPERATIVE PROVISIONS:

1. General

1.1 This Agreement is governed by the Law of Victoria and each party accepts the exclusive jurisdiction
of the courts of Victoria.1

1.2 In the full and final settlement of all the claims made in the proceedings by the plaintiff on their own
behalf, the defendant agrees to make the payments provided in this agreement.

2. Settle Payments

2.1 The defendant agrees to remove the tree and pay the global sum of $60,000 to the plaintiff for pain,
damage, and suffering and also towards the cost of all the expenses occurred by the plaintiff.

2.2 The payment will be made in three instalments at fortnightly intervals while the first taking place on
28 Nov 2022.

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‘Precedents to boilerplate clauses.
 3. Non-Payment

3.1 If the defendant breaks the promise of non-payment or fails to make an instalment to the plaintiff in
the given time-period, in accordance with the provisions of the Agreement the plaintiff is not qualified
to sue for money owing until the defendant if given and fails to meet within a default notice in written.

3.2 The default notice must:

a. specify all the necessary of the default

b. state that it is the plaintiff’s intention to exercise the rights arising from the default unless, within 14
days of the awareness being given:

 The default is remedied

 The affordable price incurred due to the default are paid.

GENERAL PROVISIONS:

4. Notices

All the notices must be:

a. in writing

b. signed

c. left on the address, sent by using pay as you go everyday publish or any other means which is
approved by the aid of regulation.

5. Severability:

5.1 Every provision of this settlement as mentioned will be interpreted to be as powerful and valid.

5.2 If any provisions of the act are deemed to be invalid, illegal, outdated or unenforceable according to
the given law, the closing portion of the parties shall be taken into consideration.

5.3 the provisions hereto intend that it shall be delivered as a part of this agreement to meet with the
relevant regulations.

6. Confidentiality2:

6.1 Each party has the same opinion to maintain the exclusive statistics of the opposite party and this
applies for the overall performance of duties under the given agreement.

6.2 The defendant is also allowed to bring the private records to the Court of law for the purpose of
sentencing in criminal lawsuits.
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‘Precedents to boilerplate clauses.
6.3 The plaintiff needs to give the defendant who needs to be aware of the private records in the
proceedings and a replica of a draft within 14 days of its proposed use.

7. Non-Disparagement Clause:

The parties agree not to make any oral or any kind of written announcement about the opposite party
that is intended to criticize the alternative party or in any other case disgrace the other party.

8. Mutual Release3:

The parties conform to launch and discharge every different from any demands, moves or claims of any
kind of damages whether or not at law or in equity.

9. No Admission4:

The parties shall also comply with the release and discharge of each different from any needs,
movements or claims or any type of damages or any type of costs that are not at law or in fairness.

10. Binding Effect:

The Settlement agreement shall be binding upon and inure to the advantage of the parties irrespective
of any of their heirs, successors, and also of their personal representatives.

11. Entire Agreement5:

This settlement is the whole settlement among the events and that supersedes all and any
communications, negotiations, preparations and agreements whether or not oral or written, among the
events of the settlement agreement.

12. Variation6:

3
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‘Precedents to boilerplate clauses
4
LexisNexis, Australian Encyclopedia of Forms & Precedents (online on 31 July 2019) 63 Boilerplate clauses,
‘Precedents to boilerplate clauses
5
Law Insider, ‘Non-admission of Liability’, Default Sample Clauses (Web Page, 1 August 2019)
<https://www.lawinsider.com/clause/non-admission-of-liability> Re-drafting of several clauses found from sample
clause related to non-admission of liability.

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‘Precedents to boilerplate clauses.
The provisions of this settlement can’t be numerous, besides by using settlement in writing signed in the
agreement.

13. No Wavier7:

Any waiver of a term of this agreement will handiest be powerful if it is writing and is signed by the
parties of the agreement.

14. Costs:

Each party must pay its own cost or any type of fees related to the settlement agreement while
preparing and signing it.

15. Assignment upon written consent only:

Neither party can also assign, whether or not in whole or part, any advantage, rights, or responsibilities
beneath under this agreement, without the earlier written consent of the alternative party.

16. Warranty as to capacity:

Each party represents and warrants to the opposite that it has the strength and authority to go into this
agreement and to carry out its responsibilities beneath this settlement, and that the execution of this
settlement has been duly signed and authorized.

17. Facsimile or electronic signature:

This settlement agreement may be signed via facsimile or digital signature.

SOLICITOR

SHIVRAM PRASAD SESHAM

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‘Precedents to boilerplate clauses.