Memorandum of Understanding governed by the law of New South Wales, Australia
DealDocs sets the laws of New South Wales, Australia as the governing law when you choose New South Wales, Australia. The forum clause reads: “The Parties submit to the exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them in respect of any dispute arising out of or in connection with this document.”
Governing law
the laws of New South Wales, Australia
Legal system
Common law, a common law system, where statutes sit alongside a substantial body of judicial precedent that shapes how contract terms are actually read.
Conventional arbitration seat
Sydney, Australia
Naming a party formed here
DealDocs' guided interview references Australia when you enter a party formed in New South Wales, Australia.
What's different about an MOU in New South Wales, Australia
Unlike most common law jurisdictions, NSW courts can enforce an express agreement to negotiate in good faith if it's sufficiently certain (United Group Rail Services), which cuts against the usual assumption that a non-binding label ends the inquiry. Masters v Cameron's four categories are the actual doctrinal test NSW courts use to decide whether a document like an MOU binds, making precise category-matching language important.
Build your MOU for Australia now
The guided interview asks for the governing law up front, so the right jurisdiction-specific clauses are included automatically. Preview the full plain English guide and completeness check for free before you unlock the document.
Frequently asked questions
Can an MOU be enforced as a good faith negotiation agreement in NSW?
Potentially, yes. Unlike most common law jurisdictions, NSW courts can enforce an express agreement to negotiate in good faith if it's sufficiently certain (United Group Rail Services).
What test do NSW courts use for whether a preliminary document binds?
Masters v Cameron's four categories, which is why precise binding and non-binding language in an MOU matters more than the label on the cover page.
Free to draft and preview. Unlock the full text and downloads for US$19.99.
Start your document free