Get Your Custom

Deed Of Variation

Step 1 of 1:

Avoid Unnecessary Business Risk

Do Business on YOUR Terms

The contract you did for us was the ONLY reason we were able to avoid paying out over $300,000! Can’t thank you enough!! – Peter H’ 

Privacy Policy. Your information is 100% protected and we will NEVER sell it.

Home / Business Contracts / Deed of Variation

Deed of Variation

How do you vary a contract?

When you are looking to vary or change a contract the first thing you should do is look to follow what the contract says you must do in order to vary the contract. Usually the contract will have a clause that says something like this:

The parties agree that this agreement can only be varied in writing and the variation must be signed by both parties.

Using this clause as an example, this would mean that you would need to set out in writing exactly how the parties want to vary the contract and then both parties would need to sign a document that gives effect to this – and that’s where a Deed of Variation comes into the picture.

What if the contract says nothing about how to vary or amend it?

The parties to a contract are always at liberty to agree between themselves that they want to change a contract. So even if there is no variation clause like the one mentioned above the parties to the contract can agree to vary their contract using a similar method, or even by using a different method. We recommend that all variations to a contract be in writing, always. That way there is no doubt as to what has been agreed between the parties.

Do you really need to make the variation a ‘Deed’ or will a simple contract be ok?

The short answer to this is ‘no’ – a variation does not need to be in the form of a deed, but it is the safest way to vary a contract. Why? Well a deed does not need consideration (whereas a contract does) so if the parties vary their contract by way of Deed then you never need to worry about whether consideration has been properly given between the parties. Take our word for it… deeds are the way to go.

Can a Deed of Variation be used to make any change I want to my contract?

A Deed of Variation can be used in most circumstances but it can’t be used to vary a party to the contract, i.e. it cannot be used to remove one party to the contract and then add another party to the contract – you would need a Deed of Novation for that.

How many times can you vary a contract?

Simple – as many times as you like. Here is a good example, we worked on a contract that is for the software that is used by air traffic controllers to control/run/administer Australian airspace. That contract had been varied no less than 363 times! Obviously it was tough, after all those variations, to work out exactly what the current agreed contractual position was, but that’s what keeps lawyers busy. Well it kept me busy!

Do you need help with a deed of variation or looking for contract lawyers? Call us on 1800 355 455 or fill in the form below.

Got a Contract Question?

Send us the contract with your questions or requirements. We will then provide you a fixed price quote to answer your questions, or to provide a general review of the contract.

  • This field is for validation purposes and should be left unchanged.

Our Videos

Video
video play

 

How do you know if you have entered into a contract?

This video will give you more details about a legally binding contract. Should you require more information please click here or call us at 1800 355 455.

Video
video play

 

How to Terminate a Contract?

Planning to terminate a contract? This video sets out the process for how you can terminate a contract. If you need more information, click here or call us at 1800 355 455

Video
video play

 

Don't sign that Employment Agreement!

Do you need to sign an employment agreement? Don’t do it until you understand these three points. Learn more here or call us at 1800 355 455 for more information.

Video
video play

 

What is Rent a Chair Agreement?

Looking for more information about rent a Chair Agreement? This video will answer most of your queries. Click here to learn more or call us at 1800 355 455 if you need help.

Video
video play

 

What are the Types of Employment Contracts in Australia?

There are many different types of employment agreements in Australia. To find out which you need, click here or call us at 1800 355 455.

Video
video play

 

Can you Use an Image without Consent?

This video will tell you if you can use the image of a person in a photo to promote your business. Learn more here or call us at 1800 355 455.

Our Happy Clients

Happy with our Services? Engage us again? Happy to vouch for us?

Monsido
Space Now
Burhor

Reviews