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A promissory note is an unconditional written promise to pay a specific sum of money to a named person, either on demand or at a fixed future date. Use our free Australian template to create a valid promissory note under the Bills of Exchange Act 1909 (Cth) — a portable, negotiable form of debt recognition that is simpler than a loan agreement.
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A promissory note is a written, unconditional promise by one party (the "maker") to pay a specified sum of money to another party (the "payee") either on demand or at a fixed or determinable future time. Unlike a loan agreement, which is a full contract with mutual obligations, a promissory note is a one-way promise to pay and is negotiable — meaning it can be transferred to third parties.
Promissory notes are governed in Australia by Part IV of the Bills of Exchange Act 1909 (Cth), which largely codifies the UK Bills of Exchange Act 1882 in Australian law. Section 89 defines a promissory note as "an unconditional promise in writing made by one person to another signed by the maker, engaging to pay, on demand or at a fixed or determinable future time, a sum certain in money, to, or to the order of, a specified person or to bearer."
Promissory notes are used for private debts, seller finance, and short-term business funding. They are simpler and more portable than a full loan agreement, but less customisable. For most consumer lending, the NCCP Act regime applies; for business-to-business loans and private loans, the promissory note remains a useful instrument. Dishonour of a promissory note creates a right to sue for the amount plus interest under the Bills of Exchange Act.
Our promissory note template includes all the essential elements required by the Bills of Exchange Act 1909 (Cth).
Legal name, ABN (if any), and address of the person promising to pay.
Legal name and address of the person entitled to payment.
Exact principal amount in Australian dollars.
Express unconditional promise to pay.
Fixed maturity date or payable on demand.
Optional interest rate and compounding basis.
Where payment is to be made.
Acceleration and default interest on dishonour.
Right of maker to repay early without penalty, if any.
Whether the note is payable to order (negotiable) or not negotiable.
Choice of Australian state law governing the note.
Signature block with optional witnessing.
Follow these steps to produce a valid Australian promissory note in minutes.
Provide the maker's and payee's legal names and addresses.
Specify the exact amount and currency of the promise.
Choose on demand or a fixed maturity date, and any interest rate.
Include acceleration, default interest, and place of payment.
The maker signs (optionally before a witness), and download the PDF.
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Drafted with legal expertise for each jurisdiction, far more thorough than AI-generated drafts that copy generic clauses across borders.
Templates carrying statute references are continuously updated as the law changes. Your document always reflects the current legal framework.
Free to download. Vector text, embedded fonts, statute citations baked in. Print, sign, file. Ready for any signing flow including electronic signature.
Continue editing in Word after download. Add custom clauses, reuse the template for similar agreements, or share with a colleague for collaborative review.
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Promissory notes are governed by the Bills of Exchange Act and create negotiable rights.
This template is for informational purposes only and does not constitute legal advice. For high-value notes or notes connected to consumer lending, obtain legal advice.
Reviewed for Australian law
Part IV (sections 89–100) of the Bills of Exchange Act 1909 (Cth) governs promissory notes. Section 89 defines the essential form; section 90 deals with inchoate notes; sections 92–95 cover the rights of makers, holders, and indorsers. Where the form meets the statutory requirements, the note is negotiable and the holder for value may sue the maker without proof of consideration.
Where the note is given as security for or evidence of consumer credit regulated by the National Consumer Credit Protection Act 2009 (Cth), additional disclosure, licensing, and responsible lending obligations apply. Private notes and notes connected to business credit are generally outside the NCCP regime but may be subject to the ASIC Act unconscionability provisions and unfair contract terms law.
A note payable on demand is payable immediately on presentment. A note payable at a fixed future date must be presented for payment on that date. Non-payment constitutes dishonour, triggering the holder's right to sue. Notice of dishonour is generally not required for the maker (section 93B), who remains liable on the note.
Promissory notes are no longer subject to stamp duty in most Australian states (abolished variously). Interest received on a note is assessable income to the payee under the Income Tax Assessment Act 1997 (Cth). Forgiven notes can have tax consequences for both parties.
Document a simple promise to pay with a clean, portable instrument. Fill in the details and download the PDF in minutes.
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