The Cleardocs Service ("the Service") is provided to you by Thomson Reuters. If you use the Service in any
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Thomson Reuters acknowledgements
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Consumer Law
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Privacy
Your Privacy
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A copy of our Privacy Statement can be viewed at Thomson Reuters
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You expressly acknowledge and consent to:
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such third-party service providers storing and processing such Personal Information provided
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If you apply to us for credit terms we may give certain information about you including identity
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You agree that if you use the Service to upload Personal Information or Sensitive Information about
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of the details in this clause 5 that apply to information disclosed.
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third party complies with the Privacy Act.
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You acknowledge and understand that, while the Service is used on a transactional basis and can
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You acknowledge and understand that:
the Service is not a document repository and it is your responsibility to save copies of all
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we may periodically delete Personal Information or Sensitive Information you have uploaded
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written notice to you that we intend to delete the relevant information and/or account.
If we are required to retain any Personal Information by law:
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available for inspection by you and your auditors.
Limits on your use of the Service
Thomson Reuters agrees that you will have a licence to use the documents that you order when using the
Service.
In relation to your use of the Service and the documents you order, you agree that:
you must not use any part of the documents in connection with creating another document;
you must not use any part of the documents for any purpose except the specific purpose for which
they were ordered;
you must not copy any part of the documents for any purpose except in relation to the transaction
for which they were ordered;
you must not modify the documents in any way after they are sent to you;
you must not interfere with, alter or attempt to copy or reproduce any part of the Service or the
documents that you order while using them;
you must not incorporate any part of the Service in any other program, system or document creation
package;
you must not represent that the documents ordered using the Service were created by your own
resources, or those of a third party (other than our resources or those of anyone else who signs-off
and endorses for us the master documents from which your documents are generated); and
your account and the associated data you upload to the Service will be deleted if your account
remains inactive for a period of time. We will provide you with written notice before we delete your
account.
We do not give legal, tax, accounting, commercial or other professional advice
You agree that:
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Thomson Reuters is not a professional services firm;
the Service provides information to help you answer the questions and to order a document and that
the information contained in the documents is information only, not advice;
we cannot and do not warrant that a document you decide to order is appropriate or suits your
needs;
we cannot and do not warrant that your use of the Service is appropriate or suits your needs;
the legal, taxation, accounting and commercial effects of a document vary and a document's
suitability will therefore vary according to particular circumstances;
only you know the purpose for which you intend to apply a document that you order and that we are
not responsible for the choice you make regarding the document that you order;
you must consult with a lawyer, taxation adviser, accountant, or commercial or other appropriately
qualified professional adviser (not Thomson Reuters) for advice concerning the suitability of a
document that you order using the Service;
the master documents are general only and prepared by the person named as the author on the relevant
page of our website (not Thomson Reuters) and that Thomson Reuters does not endorse and disclaims
responsibility for them;
Unless expressly stated otherwise, Thomson Reuters does not provide the information, commentary,
advice and other documents (including sample letters) which appear on our website. Instead, all of
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Thomson Reuters does not retain copies of documents generated using the Service. Whilst you may
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Thomson Reuters disclaims responsibility for the information, commentary, advice and other documents
(including sample letters) referred to in these Terms; and
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Thomson Reuters' only responsibility is to engage a person with the relevant expertise, to draft the
relevant document which it does on the basis that you will seek appropriate advice in making use of
that document in your particular circumstances.
The document you order depends on your answers
You agree that:
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you order as a result of the answers you provide to questions you answer when using the Service;
certain information is included in the documents that you order as a result of the answers you
provide to questions you answer when using the Service;
you are fully and solely responsible for the information included as a result of the answers you
give to the questions; and
we are not responsible for any mistake that you make in understanding the questions or how to answer
them.
Accuracy of information provided
You warrant that all of the information which you provide to Thomson Reuters, including particulars as to
your personal and contact details or details of other persons, is accurate and correct and that you have
fully and accurately disclosed your identity.
We are not responsible for your mistakes or personal and sensitive information you upload to the Service —
you indemnify us
Except for any cost, loss, liability or damage directly caused or contributed to by Thomson Reuters, you
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or a third party suffers:
because the document that you order is not suitable for its intended purpose or does not suit the
relevant circumstances;
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concerning whether the document you choose is suitable for its intended purpose or is suitable for
particular circumstances;
because of the answers you provide to questions asked of you when using the Service;
because you do not answer all questions completely and accurately;
because you modify the documents after they are provided to you by us;
because you fail to delete or ask us to delete Personal or Sensitive Information from the Service
that you have uploaded to the Service on behalf of a client of yours where you no longer have a
legitimate reason to retain this information on the Service; or
because you breach these Terms in some other way.
You agree that you continually indemnify us against any cost, loss, liability, or damage that we incur as a
result of your use of the Service except for any cost, loss, liability or damage directly caused or
contributed to by Thomson Reuters.
Our partners
Thomson Reuters may promote to you, or refer you to, products or services of a third party (Partner).
A Partner may (but will not necessarily) hold an Australian Financial Services Licence under the
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on whether you agree to obtain products or services from the Partner.
A Partner may provide products or services that are complementary to the Service — for example, in relation
to a cash management account, trademark products or actuarial products. You are not compelled to acquire
those products or services from the Partner. Regardless of whether or not you acquire those products or
services from the Partner, Thomson Reuters will still provide our Service to you to the extent that we can
without those complementary services — for example, by allowing you to use our website, interface and user
system to register as a customer and to record your answers and by storing your answers and sending you
newsletter updates, etc.
When you use a Partner's complementary products and services:
Thomson Reuters is not responsible for those products and services;
Thomson Reuters provides access to those products and services for convenience only and does not
endorse the Partner or the products and services available from that Partner;
you access those products and services at your own risk;
it is for you to decide whether you will, or should, rely on the Partner's products and services;
and
you agree with Thomson Reuters that you acknowledge the disclaimers made by that Partner and that
you will comply with any separate Terms which the Partner applies, and requires you to consent to,
in respect of those products and services.
When you use a Partner's website, or products and services available from that website:
Thomson Reuters is not responsible for any information or hyperlinks contained on that website;
Thomson Reuters provides access to that website for convenience only and does not endorse the
Partner, the Partner's website or the products and services available from that website;
you access that website, and products and services available from that website, at your own risk;
it is for you to decide whether you will, or should, rely on the Partner's website, or products and
services available from that website; and
you agree with Thomson Reuters that you acknowledge the disclaimers that appear on those websites
and that you will comply with the terms that you agree to at the time you use the products and
services available from those websites.
Our website and other websites
You agree that:
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version of the Terms;
we do not warrant the accuracy or appropriateness of the contents of our website;
the information and commentary on our website is general only and is prepared by the person named as
the author on the relevant page of our website (not Thomson Reuters, unless expressly stated
otherwise) and that Thomson Reuters does not endorse it and disclaims responsibility for it;
our website may contain hyperlinks and pointers to other websites and that we are not responsible
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we provide the hyperlinks and pointers to you simply for your convenience and we are not endorsing
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you access these other websites you do so at your own risk; and
it is for you to decide whether these other websites should be relied on.
Our liability is limited
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limited in the same manner as provided under clause 19 , including in respect of any liability that
arises as a consequence of our negligence;
subject to law including the Australian Consumer Law, our liability to you for any matter related to
the subject matter of these Terms will not include any special, indirect, incidental or
consequential damages or loss of profits and will not exceed the cost to you for the particular
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Service will be uninterrupted or that the Service is virus free or error free.
Our intellectual property is not diminished
You agree that:
we or our licensors remain the owner of all the intellectual property and know-how that resides in
the documents and the Service;
you are licensed to use the Service for the sole purpose of ordering documents; and
you get no property right whatsoever in relation to the Service, and no ownership in the copyright
of the documents that you order.
Recovering revenue lost through misuse or breach
If we discover that we have lost revenue through your breach of these Terms, then you agree that we may
recover from you each of the following:
the revenue we have lost;
our costs of discovering our loss and the extent of it;
our costs of recovering the revenue; and
default interest on any amount owing under this clause.
Also, if we can show that we have lost revenue through your breach of these Terms, then you agree that we
have the right to audit your operations (at your reasonable cost) to determine the extent of our loss.
Clauses 23 and 24 do not limit in any way the recovery by Thomson Reuters of all other amounts from you
which are recoverable at law in respect of any breach of these Terms by you.
The licence ends when you have ordered your document
You agree that:
the licence to you is limited to the creation of the documents for which you have paid and that once
those documents have been ordered, the licence ends;
your licence will also end if you breach any material obligations contained in these Terms; and
if you breach any material obligation contained in these Terms, then we may deny you any further
access to the Service.
How you pay us
Our standard arrangement is for you to pay us online by credit card through our designated bank's online
payment system. Our system will transfer you to that site when you click the relevant button. Our bank's
system should return you to the relevant page on our website at the relevant time.
However, if you are a high-volume user, then we may — at our absolute discretion — agree to allow you to pay
on invoice (instead of by credit card). If we do agree to that, then the following rules apply:
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provide. You must pay all Thomson Reuters' fees (including printing and binding fees, and company
seal fees etc.) within 7 days after you order.
At the time you place an order through our website to apply for any government registration etc.
(for example, a company registration application or a trademark application), we electronically
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your behalf as part of lodging your application. You can download the invoice from our website or
click to have us email it to you at the email address you provide. You must pay us the amount of
those government fees etc. within 24 hours after you order.
If you do not pay on time, then we may — at our absolute discretion, and without giving you notice —
do any one or more of the following:
end the arrangement by which you pay on invoice (so that you must pay by credit card);
use amounts you pay us to pay-off any amount you owe at our choice — for example, we may
first pay-off any amount you owe us in respect of government fees we have paid;
set our system so that you no longer have access to document packages you have ordered from
us in the past (regardless of whether you have paid for them);
charge default interest on any amount you owe us.
Refunds, returns, exchanges
Our liability to refund, return or exchange is limited to the circumstances set out in these Terms and is
otherwise entirely at our discretion. In order to expeditiously process your claim for a refund, return or
an exchange, we request that you send all claims to the following email support@cleardocs.com and include:
the intended purpose to which the documents were to be applied;
the identity and contact details of the person for whom you purchased the document (we may contact
that person to discuss, and request copies of, the documents you have provided to them);
the reasons that you want a return, a refund, or an exchange;
copies of the materials or documents you have provided to that person in place of the Cleardocs
document in relation to which you now want a refund, a return, or an exchange; and
any other information or materials we ask for that we believe is relevant to our decision.
Severability
Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to
that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the
remaining provisions of these Terms nor affect the validity or enforceability of that provision in any other
jurisdiction.
Jurisdiction
These Terms are governed by and are to be read and interpreted according to the laws of New South Wales.
Each of Thomson Reuters and you irrevocably and unconditionally submit to the exclusive jurisdiction of the
courts in that jurisdiction. You may not argue, on the basis of the doctrine of forum non conveniens or any
other basis, that the courts of that jurisdiction should not exercise jurisdiction.
Definitions and interpretation
In these Terms:
'Thomson Reuters' means Thomson Reuters (Professional) Australia Limited ABN 64 058 914 668, its
agents, officers, successors, authors, licensors and advisers and 'we', 'our' and 'us' have a
corresponding meaning;
'the Service' includes the Cleardocs website, the interface, user system, and document merging
engine and (where applicable), the menu of legal clauses that is used to generate documents you
order, and the services which we provide to you which are ancillary to these services, including
telephone and email helplines;
'default interest' means interest on amounts owing calculated at the rate set from time to time
under section 22 of the Taxation Administration Act 1996 (NSW);
'document' means a document you order which is generated by the Service;
'lawyer' means an Australian legal practitioner as defined under section 6(1) of the Legal
Profession Uniform Law (NSW) or under any corresponding law in any other jurisdiction;
'Personal Information' has the meaning given to that term in the Privacy Act.
'Privacy Act' means the Privacy Act 1988 (Cth).
'master documents' means the master documents on which the documents you order are based, being the
full library of possible text that could be included in your document depending on the information
you provide when using the Service;
'professional adviser' means a lawyer concerning whether a document or the Service is appropriate or
suits your needs or its legal and taxation implications, a registered tax agent concerning a
document's taxation, accounting and/or commercial implications or a licensed financial planner
concerning a document's financial planning implications or such other professional adviser as is
appropriate or suits your needs concerning a document's legal, taxation, accounting and commercial
implications;
'you' means the person using the Service, including a person using the Service as agent of another
person in which case 'you' means the agent or the agent's principal, or both the agent and the
agent's principal;
the singular includes the plural and vice versa; and
a reference to currency is a reference to Australian dollars.
You agree that each of these definitions has the same meaning wherever they appear on our website.
Discretionary Trust - deed of variation (excluding foreign persons)
Trusts document
Discretionary Trust - deed of variation (excluding foreign persons)
Use Cleardocs to create a deed of variation to a discretionary trust to prevent distributions to ‘foreign persons’. Upon signing the deed of variation and the minutes, you will be excluding any person, (including any named beneficiary) who is or who at any relevant time is, a ‘foreign person’, from receiving distributions of income and/or capital from the trust.
If your discretionary trust already contains a named beneficiary who is a ‘foreign person’, this product cannot assist you to prohibit distributions to that person.
There are important matters to be considered before using this product. You must obtain legal advice and will need to ensure that you have read and understood the related FALQs.
Cleardocs also has these trust set up packages available:
Family Trust Trustee bundle — a comprehensive and seamless workflow solution for a discretionary (family) trust set up with a corporate trustee
Before commencing with ordering this Deed Of Variation (Excluding Foreign Persons), you will also be presented with a series of questions which will assist in identifying if this type of Deed of Variation is suitable for your requirements. If your answers to the questionnaire suggest that this product may not be the most suitable option, you will be advised to contact the Cleardocs Help Desk to discuss the type of Deed of Variation you require.
30 minutes
The master documents are written in plain
language and are signed-off by our lawyers at Maddocks.
The trust does not require an underlying Cleardocs deed
Pre-population of trust details from earlier Cleardocs orders - saving you typing
Easy to use question interface
Extensive online help and local phone support
Product Information
What documents are included in the Cleardocs package?
The Cleardocs package includes:
the deed of variation to discretionary trust deed;
related minutes of the trustee(s); and
an Establishment Kit explaining what to do next.
Cleardocs deed not required
You can use this product even if your existing discretionary trust does not have a Cleardocs deed.
Seek legal advice
The Discretionary Trust – deed of variation (excluding foreign persons) information set out here should be considered general in nature, and in no way interpreted as legal advice. You must always seek your own independent legal, accounting and financial advice about your particular situation. The summary on this page is for information purposes only.
Frequently Asked Legal Questions
Cleardocs is not a law firm. So as with all the legal material on this site,
the answers to these "frequently asked legal questions" are provided by the law firm
Maddocks. Cleardocs does not endorse those answers.
Set up an exclusive discretionary (family) trust with income and capital distribution limits.
You can choose to exclude foreign persons and non lineal descendants as beneficiaries.
The legal information and commentary on this site is general
only. Documents ordered through Cleardocs affect the user's
legal rights and liabilities. To assess their suitability for
the user, legal accounting and financial advice must be
obtained.
how to use cleardocs
A simple and fast process:
Register as a User - it's free;
Select your required document;
Answer the online interface questions;
i. If you are unable to complete the question
interface, you can save the document and return to
it later.
ii. We provide help-text beside many questions. To
see the help-text, simply click the beside the question.
Common questions and answers relating to our
document packages can also be found at our legal FAQ's.
Pay by credit card (Visa or Mastercard);
Receive, download and store the document; and
If printing and binding is ordered, confirm.
For any questions or assistance in this process, we have local helpline support. Call us on 1300 307 343.
Our entire document suite on demand
With a wide range of documents, Cleardocs is the most comprehensive document suite
available - all in one place. You can be confident that our documents are
current and compliant, with compliance upgrades to popular documents just a few
clicks away.
30 minutes
The master documents are written in plain
language and are signed-off by our lawyers at Maddocks.
