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Consultant Engagement Agreement for Australia

Consultant Engagement Agreement Template for Australia

An Australian-jurisdiction agreement that establishes and governs the relationship between a business entity and an external consultant or consulting firm. The document outlines the terms of engagement, scope of services, payment terms, intellectual property rights, confidentiality obligations, and other essential provisions in compliance with Australian federal and state laws. It ensures clear differentiation between independent contractors and employees while protecting both parties' interests and maintaining compliance with relevant Australian legislation, including the Independent Contractors Act 2006 and related regulations.

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What is a Consultant Engagement Agreement?

This Consultant Engagement Agreement is designed for use in the Australian business environment when engaging external consultants or consulting firms. The document is essential for businesses seeking to formalize consulting relationships while ensuring compliance with Australian legislation, including the Independent Contractors Act 2006, Fair Work Act 2009, and relevant tax laws. It provides comprehensive coverage of key aspects including service scope, payment terms, intellectual property rights, confidentiality, liability, and termination provisions. The agreement is structured to clearly establish an independent contractor relationship, minimizing the risk of contractor misclassification while protecting both parties' interests through well-defined rights and obligations. This template is suitable for various consulting arrangements, from short-term project-based engagements to ongoing professional services.

What sections should be included in a Consultant Engagement Agreement?

1. Parties: Identifies the parties to the agreement, including full legal names and ABN/ACN

2. Background: Sets out the context of the agreement and the parties' intentions

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles

4. Engagement and Term: Establishes the consultant's engagement as an independent contractor and specifies the duration of the agreement

5. Services: Outlines the consultant's obligations and the general nature of services to be provided

6. Consultant's Obligations: Details specific duties, professional standards, and compliance requirements

7. Client's Obligations: Specifies the client's responsibilities including provision of information and resources

8. Fees and Payment: Details the fee structure, payment terms, and expenses

9. GST: Addresses GST obligations and requirements

10. Intellectual Property: Establishes ownership and rights regarding intellectual property created during the engagement

11. Confidentiality: Defines confidential information and obligations regarding its protection

12. Privacy: Addresses handling of personal information and privacy compliance

13. Liability and Insurance: Sets out liability limitations and insurance requirements

14. Termination: Specifies circumstances and procedures for ending the agreement

15. General Provisions: Includes standard boilerplate clauses such as notices, governing law, and dispute resolution

What sections are optional to include in a Consultant Engagement Agreement?

1. Non-Compete: Restricts consultant's ability to work with competitors - include when protecting market position is crucial

2. Non-Solicitation: Prevents consultant from soliciting client's employees or customers - include for client protection

3. Work Health and Safety: Details WHS obligations - include when services are performed on-site

4. Background Checks: Requires security or other background checks - include for sensitive work environments

5. Key Personnel: Identifies specific individuals who will perform the services - include when particular expertise is required

6. Equipment and Resources: Details provision of equipment and resources - include when significant resources are involved

7. Performance Metrics: Establishes KPIs or performance standards - include when specific outcomes are measurable

8. Subcontracting: Addresses ability to subcontract services - include when subcontracting might be relevant

What schedules should be included in a Consultant Engagement Agreement?

1. Schedule 1 - Services Description: Detailed description of services, deliverables, and specifications

2. Schedule 2 - Fees and Payment Terms: Detailed fee structure, rates, and payment milestones

3. Schedule 3 - Service Levels: Performance standards, timing, and quality requirements

4. Schedule 4 - Insurance Requirements: Specific insurance types and coverage levels required

5. Schedule 5 - Key Personnel: Details of approved personnel who will perform the services

6. Appendix A - Project Timeline: Project milestones and delivery dates

7. Appendix B - Reporting Requirements: Format and frequency of progress reports

8. Appendix C - Approved Expenses: List of approved expenses and reimbursement procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Ƶ

Sector

Cost

Free to use
Relevant legal definitions




































Clauses


































Relevant Industries

Technology

Financial Services

Healthcare

Professional Services

Education

Construction

Mining

Manufacturing

Retail

Telecommunications

Environmental Services

Real Estate

Media and Entertainment

Energy

Transportation and Logistics

Relevant Teams

Legal

Human Resources

Procurement

Finance

Operations

Risk and Compliance

Commercial

Administration

Executive Leadership

Project Management Office

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Procurement Manager

Legal Counsel

Human Resources Director

Project Manager

Operations Manager

Department Head

Business Unit Director

Contract Manager

Risk Manager

Compliance Officer

Managing Director

General Manager

Commercial Manager

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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