This is an example of a terms of settlement in a recovery of goods claim. It is important to write terms of settlement using your details and based on your own circumstances. If you need more help, get legal advice.
Case study – Natalie and her pet dog
Natalie went to Queensland for a six-month work contract. She could not take her pet dog, Charlie, with her. She asked her friend, Rachel to look after her dog while she was gone.
When Natalie returned to Sydney, Rachel told her she was not going to give Charlie back. She said that Natalie had not looked after Charlie properly and left him for long periods alone. Rachel sai d that Charlie was better off with her. Natalie does not agree and wants Charlie back. Natalie sent Rachel a letter of demand and got a letter in reply saying that Rachel would like to keep Charlie and offered to pay her $100 instead. Natalie refused Rachel's offer and has started a case in the Small Claims Division of the Local Court for the recovery of the dog, or $600 for the value of the dog. At the first court date, Natalie and Rachel come to an agreement to settle Natalie's claim. They write up terms of settlement.
TERMS OF SETTLEMENT
Natalie Saad (Plaintiff)
Rachel Smith (Defendant)
LOCAL COURT FILE NUMBER: LC/20xx158
The defendant will return the German Shepherd dog by the name of Charlie to the plaintiff.
The defendant is to return the dog to the plaintiff at a mutually convenient time, by 6pm on Saturday 23 March 20xx at the plaintiff's home at Unit 1, 22 Example Street, Penrith NSW.
The court notes that the plaintiff reserves the right to take recommence legal proceedings to recover the dog from the defendant should the defendant fail to return the dog.
The terms of this agreement are confidential.
Each party will pay their own legal costs.
Natalie SaadDate: 18 March 20xx
Rachel SmithDate: 18 March 20xx
In the presence of: Ella Mavis
In the presence of: Bob Atkins