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A Deed of Settlement and Release very often has confidentiality clauses that prevent the plaintiff
from even saying there is a deed or disclosing the amount of the settlement.
There is also a non-disparagement clause.
A Senior Counsel (SC) said "they can put anything they want in it".

Setting aside a Deed of Settlement and Release

There are a number of circumstances that can lead to an application to set aside a deed of release and settlement.
When a deed of release is set aside, the release is declared to be of no effect.
The parties are then returned to their original positions prior to the execution of the deed.

• Setting aside a deed because of duress and undue influence

A deed of release is unenforceable where it was executed under duress or undue influence.

Duress is when one party is coerced into signing a document against their will.
This might include when they are threatened with physical harm or violence.

Undue influence occurs when a party is subjected to undue pressure to sign a document.
This might include pressure being applied by a family member or trusted advisor.

In either scenario, signing a release document under duress or unjustified influence may lead to the deed being invalid.


• Void on the ground of fraud or misrepresentation

A deed of release may be set aside if it was acquired through deceit or fraud.
Fraud happens when one party intentionally misleads the other party in order to get them to sign the document.

For instance, the other party may be able to claim that the deed is invalid if the first
party misrepresents the nature or scope of the dispute.


• Illegality can cause a deed of release to be set aside

A deed of release is unenforceable if it is illegal or if it runs counter to public policy.

♦ prosperlaw.com.au

CIVIL PROCEDURE ACT 2010 - SECT 21 Victoria
Overarching obligation not to mislead or deceive
A person to whom the overarching obligations apply must not, in respect of a civil proceeding, engage in conduct which is—
        (a)     misleading or deceptive; or
        (b)     likely to mislead or deceive.

CIVIL PROCEDURE ACT 2010 - SECT 23
Overarching obligation to narrow the issues in dispute
If a person to whom the overarching obligations apply cannot resolve a dispute wholly by agreement, the person must use reasonable endeavours to—
        (a)     resolve by agreement any issues in dispute which can be resolved in that way; and
        (b)     narrow the scope of the remaining issues in dispute—
unless—
        (c)     it is not in the interests of justice to do so; or
        (d)     the dispute is of such a nature that only judicial determination is appropriate.