NSW Deed of Release validity

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KidOctane

Active Member
15 January 2019
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So lets say for instance one had signed a Deed of Release (including non-disparagement clauses) as part of a FWC resolution to an Unfair Dismissal claim. A time later it transpires that the respondent, let’s call them Company A trading as Company B (Company B being the former direct employer of “one”), have undergone some more restructuring. Now it seems under the new structure that “Company A” is no longer. This is more of a name change issue rather than wholesale change, but far more interesting is that Company B has changed their name to lets say Company C and………………. now has a separate ABN from the original Company A.


Question is given that neither Company A and Company B exists and company C is technically a new entity is the Deed still valid ??


Asking for a friend
 

Rod

Lawyer
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27 May 2014
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Maybe. If there is an assignment clause the deed is still active. Many deeds prepared by the FWC do not contain such a clause.