Deed of Novation

A Deed of Novation transfers a party's contractual rights and obligations to a third party, upon the consent of those two parties and the other party to the contract.

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Last updated October 23, 2025

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Suitable for Australia

Deed of Novation

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What is a deed of novation?

A deed of novation is a legal document that transfers both rights and obligations under an existing contract from one party to a new party, with the agreement of all original and incoming parties.
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When should you use a deed of novation?

You should use a deed of novation when you need to replace one party in a contract with another, such as during a business sale, merger, or transfer of contractual responsibilities.
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What should be in a deed of novation?

A deed of novation should clearly identify all parties, outline the transfer of rights and obligations, specify any conditions precedent, and include signatures from all relevant parties.
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Frequently asked questions

How is novation different from assignment?

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Who must sign the deed for it to be valid?

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What are common mistakes to avoid with novation?

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Does the deed cover expenses or liabilities?

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Is this deed suitable for all Australian jurisdictions?

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What are the next steps after signing the deed?

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What risks are associated with using this document?

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View Sample Deed of Novation

Deed of Novation
risk level indicator at Medium level

The Legal Risk Score of a Deed of Novation Template is Medium

Our legal team have marked this document as medium risk considering:

  • The document must be properly executed as a deed.
  • The document may deal with large amounts of assets.
  • The novation must align with the three parties to be effective.

Meet Our Users

Articles about Deed of Novation

What is Novation of Contract?
By Jackie Olling|Apr 8, 2022

What is Novation of Contract?

Want to alter the terms or parties to your contract? You can do this with a novation of contract. Learn everything there is to know.

Difference Between Assignment and Novation
By Tom Willis|Nov 21, 2025

Difference Between Assignment and Novation

Looking to transfer a contract to a 3rd party? Read this article to understand the difference between your options of an assignment or novation?

The Lawpath Blog
By 1476|

The Lawpath Blog

Stay up to date with legal concepts, tactics and strategies for your business

What Is A Deed Of Priority?
By Paul Taylor|Jun 2, 2025

What Is A Deed Of Priority?

It's likely you'll come across an important legal document known as a Deed of Priority at some point. Read more about what they are and how they work here.

What is the Difference Between Deeds and Agreements?
By Angela Omari|Mar 15, 2022

What is the Difference Between Deeds and Agreements?

Interested in learning more about the differences between deeds and agreements? This blog will explain everything you need to know.

What is a Deed of Settlement? (2025 Update)
By Ilyas Omari|May 14, 2025

What is a Deed of Settlement? (2025 Update)

Looking for an alternative to litigation? Find out how a deed of settlement can provide a negotiated resolution to your legal dispute here.

Should Employees Sign a Deed of Release?
By Paul Taylor|Nov 26, 2025

Should Employees Sign a Deed of Release?

Being an employer can be challenging. As employees come and go, it's good to know when a deed of release is useful. Read more about when to use one here.

What Is A Novated Lease?
By Paul Taylor|Jul 24, 2019

What Is A Novated Lease?

A novated lease can be a useful arrangement to have in business. Read more about how this arrangement works and what to look out for here.

What Is A Release Deed?
By Raja Abbas|Dec 3, 2024

What Is A Release Deed?

A deed of release is important as it ensures both parties are fully aware of the agreements and terms of a settlement. This article will cover everything you need to know about release deeds.

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