What are Deed Polls?
Deed Polls are a special type of deed (i.e. a legal instrument used to create binding promises, contractual commitments, and/or obligations between parties).
What makes a Deed Poll special is that it can be made by just one party (or one or more parties jointly acting towards the same interest).
A Deed Poll creates binding obligations (specific to the particular circumstances) upon the party (or parties).
Common applications of Deed Polls
The following is a non-exhaustive list of examples of common applications whereby Deed Polls are used:
(a) Non-Compete arrangements;
(b) Confidentiality undertakings;
(c) Powers of Attorney documents;
(d) Wills and Testaments; and
(e) Bonds.
Enforcement by Beneficiary
A person who expressly benefits from a covenant under a Deed Poll may enforce such rights just like they would as a party to a contract.
This was affirmed in the case Re Wily as Liquidator of Anglican Insurance Ltd [2009] NSWSC 696, where Justice Barrett stated at [7] that:
(a) the Deed Poll can be sued on “by any person with whom the covenant was made”; and
(b) “An entitlement may be claimed under a Deed Poll by a person… upon satisfaction of
any condition that the deed attaches to the entitlement”.
