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Paul Chamvuthipreecha s4614434

SETTLEMENT AGREEMENT

between SUZIE TAYLOR (“plaintiff”) -andJACK SMITH (“defendant”)

RECITALS: A.

The plaintiff has agreed to settle for damages from the defendant for physical injuries that she has sustained from the incident on Western Ring Road on 1 October 2019. (“incident”)

B.

The reference number for the incident is proceeding 311210/CT under section 319 of the Crimes Act 19581 a  nd heard at the Melbourne Magistrates’ Court on 20 November 2019.

C.

The plaintiff and the defendant (“parties”) wish to accept a settlement agreement (“Agreement”) to avoid further pain and suffering caused from the emotional burden of the incident. The Agreement is laid out in the terms and conditions set out below.

OPERATIVE PROVISIONS:

1.

Settlement payments

1.1.

In full and final settlement of all claims made, the defendant agrees to make the payments provided in this agreement.

1.2.

The defendant agrees to pay the plaintiff a global sum of $15,000 for the cost of the plaintiff’s car.

1.3.

Payments would be made in three instalments in monthly intervals and paid directly to the plaintiff’s solicitor, Stacey Finch.

1

Crimes Act 1958 ( Vic) s 319.

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Paul Chamvuthipreecha s4614434 1.4.

The first instalment of $5000 will commence on 1 December 2019 followed by the second instalment of $5000 on 1 January 2020. The final instalment of $5000 will commence on 1 February 2019.

1.5.

The defendant will need to pay a supplementary amount of $3000 inclusive of the first instalment for costs related to the plaintiff’s loss of income, legal costs, and hospital bills.

1.6.

In addition, the defendant will incur a further payment of $300 per week for the plaintiff to cover her costs of hiring a car. This will cease when the final instalment has been received.

2.

Confidentiality

2.1.

The parties and their legal counsel will keep the specific terms, conditions, and covenants of this Agreement confidential except: 2 (i) (ii) (iii) (iv)

where mutually agreed to in writing by the parties; where necessary to share such information with the parties’ solicitors; where disclosure to a governmental entity is required; where disclosure is ordered by a court of competent jurisdiction. 3

2.2.

The parties and their solicitors shall not communicate with anyone associated with the media or publication entities concerning the terms of this Agreement. This confidential provision is a material term of this Agreement, and its violation constitutes a breach of this Agreement. 4

3.

Mutual release

3.1.

Upon the payment being received by the plaintiff and the due performance of the terms and conditions of this Agreement, the parties mutually release one another from all claims, suits, actions, petitions that might incur arising out of the proceeding or negotiations related to the settlement. 5

2

A Sampler or Confidentiality Clauses for Inclusion in Settlement Agreements, Litigation Solutions Law Group . 3 Ibid. 4 Ibid. 5 Cherie Vendramini, Drafting Contracts, lecture notes for LLW1003 at Victoria University, Crawley (at 6 November 2019).

2

Paul Chamvuthipreecha s4614434 4.

Non-disparagement

4.1.

The parties are entering into this Agreement on their own free will and devotion. The parties mutually agree that in entering into this Agreement, they have not relied on any statement made by one another which is not emovird in this Agreement. The parties have equally received separate and independent legal counsel and had each had seek own legal counsel in executing this Agreement. 6

5.

No admissions

5.1.

Each party makes this settlement agreement without admitting any liability; and each party maintains its claim or defence in the proceeding, as the case may be. 7

6.

Jurisdiction

6.1.

This agreement is governed by the law of Victoria and each party submits to the jurisdiction of the courts of that State.

7.

Default

7.1.

Payment according to the terms of the Agreement may be extended if the defendant had or attempted to contact the plaintiff before 12pm on the due date. 8

7.2.

If payment is not made before 5pm of the due date or within any extension given, this Agreement is immediately terminated. 9

8.

Severability

8.1

Smith and Taylor intend to make this Agreement severable.

8.2.

If any clause, provision or other portion of this Agreement is found to be illegal, invalid, inapplicable or unenforceable by law to any circumstance or person, Smith and Taylor

6

Ibid. Ibid. 8 Default Clause Samples, Law Insider (2019) . 9 Ibid. 7

3

Paul Chamvuthipreecha s4614434 intend that the remainder of the Agreement will in spite of continue to be in full effect, provided that the purpose of this Agreement is not impacted in a manner that is conflicting to either party. 10 8.3

In the event that any term or clause within this Agreement is regarded as illegal, invalid, inapplicable or unenforceable by law to any circumstance or person, Smith and Taylor shall attempt to negotiate in good faith to revise the Agreement to impact its purpose in such a way that it will be as acceptable to both parties as possible. 11

EXECUTED as an agreement this 6th of November 2019

StaceyFinch Stacey Finch Solicitor for the plaintiff

10 11

P.C. Paul Chamvuthipreecha Solicitor for the defendant

Severability Clause Samples, Up Counsel . Ibid.

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Paul Chamvuthipreecha s4614434

BIBLIOGRAPHY A Legislation Crimes Act 1958 (Vic) B Other Default Clause Samples, Law Insider (2019) A Sampler or Confidentiality Clauses for Inclusion in Settlement Agreements, Litigation Solutions Law Group Severability Clause Samples, Up Counsel Vendramini, Cherie, Drafting Contracts, lecture notes for LLW1003 at Victoria University, Crawley (at 6 November 2019

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