Subject to Contract
When used in an agreement, the phrase creates legal presumption that the parties do not intend to make a concluded contract unless and until a formal contract has been executed.
Subordination
Structural or contractual arrangements to create ranking of claims.
Statement of Claim
A Pleading that records the cause of action and particulars of allegations made by a plaintiff/applicant in a proceeding.
Subordination Deed
A deed that documents an arrangement under which one creditor (the subordinated or junior creditor) agrees not to be paid by a debtor until another creditor of that debtor (the senior creditor) has been paid.
Statutory Declaration
A form of sworn written statement that is provided by statute and that carries penalties for intentional falsehoods.
Subpoena
A written document by which a court orders a person to appear before the court to give evidence or to supply it with certain documentary evidence within that person's possession.
Set-Off
A cross debt or cross demand, which entitles a party to offset the debt against the other party's claim. For example, a principal may set off monies in its progress payment if it has rights of set-off against the contractor.
Setting out
Marking the position of a building or structure on a site, often with pegs placed using surveying equipment or lasers.
Settlement
In the sale of land, the point at which the contractual obligations are completed by the parties, including payment of the purchase price by the purchaser and the transfer of the property taken by the vendor.
Severability
A principle of interpretation which allows part of a contract or statute to be removed (such as a void clause) without voiding the whole contract or statute. Most contracts will have severability clauses which can impact on whether a clause can be severed from the contract without voiding the contract.