DRAFTING PRACTICE ACTIVITY: GIRL GUIDES' LICENCE DOCUMENT Access the Girl Guides Queensland standard Licence to Occupy document here: https://www.guidesqld.org/GGQResponsive/Resources/Support_Group_Resources/Form_and Resources.aspx Comment on the document, considering (but not limited to) the following matters: · Document format, design overall structure of the document, including format, word usage and headings / numbering. · The substantive matters of the agreement, such as definitions, recitals, operative provisions, signatures etc. After reviewing the document, note any clauses that are lengthy and / or unclear and redraft those clauses. FEEDBACK Things to note: · What kind of agreement is it? A licence. Note to students that there is a difference between a lease and licence (as discussed in our leasing module later in the semester). · Agreement or deed: Here, a deed because there is no consideration being exchanged. Also note that the deed must be executed as a deed: ss45 (individuals), 46 (corporations) and 47 (delivery) PLA. Note also s127(3) Corporations Act that deals with the execution of deeds by bodies corporate. (This is not necessary to know this for the assessment but it is good general knowledge.) · Parties: who is this agreement/deed between? An individual, company etc. Guides Queensland should also have its ABN 50 250 642 103: ss153, 19 and 1344 Corporations Act. Thoughts about drafting: · Definitions:/Interpretation: o Consider whether they are better placed at the front of the agreement or at the end/in a schedule. This could be better drafted by e.g. moving the definitions to the end of the document just before the schedule or simply stating "all definitions are as defined in the Schedule" and then moving the definitions to the schedule. Cross-referencing: if you logically structure a document then there is less need for cross-referencing.
2 · Clause 1.1(a) is clumsily drafted. Prefer: "(a) terms in bold in the Schedule have the meanings shown opposite them". . The definition of Premises is too long and contains a reference to 'Tenant' which is undefined in the Licence. A better approach to this definition might be: "Premises means that part of the inside area of the Hut from the surface of the floor to the underside of the ceiling and between the internal surfaces of all exterior window frames and exterior walls of the Hut, and including all fixtures and fittings and floor coverings in the Premises, but excludes any cupboards, rooms, storage or other areas or facilities which are locked by Guides Queensland or which Guides Queensland notifies the Tenant Licensee are not part of the area that is able to be licensed from time to time-this License." . Permitted Term: refer to cl 3.1 where the permitted term is referred to in its defined form but then is also expanded upon so as to almost redefine it. Could just refer to Permitted Term. . Headings: the heading to clause 4 is "Purpose"? Purpose of what? Make the heading mean something e.g. Permitted purpose. Alternatively, could be under cl 3 Grant of the Licence · Conciseness: There are probably