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Engagement Agreement for Australia

Engagement Agreement Template for Australia

An Australian Engagement Agreement is a legally binding document that establishes the terms and conditions of a professional service arrangement between a service provider and a client. This agreement, governed by Australian law, outlines the scope of services, payment terms, obligations of both parties, intellectual property rights, confidentiality requirements, and liability provisions. It ensures compliance with Australian legislation including the Fair Work Act, Independent Contractors Act, and relevant state laws, while providing a clear framework for the professional relationship and protecting both parties' interests.

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What is a Engagement Agreement?

This Engagement Agreement template is designed for use in the Australian business environment where formal documentation of professional service arrangements is essential for legal clarity and compliance. The document is particularly useful when engaging consultants, contractors, or professional service providers for specific projects or ongoing services. It incorporates key elements required under Australian law, including Fair Work Act considerations, contractor provisions, and necessary protections for both parties. The agreement is structured to clearly define the scope of services, commercial terms, and legal obligations while maintaining flexibility to accommodate various types of professional engagements. It includes provisions for intellectual property protection, confidentiality, liability allocation, and dispute resolution, making it suitable for both straightforward and complex service arrangements.

What sections should be included in a Engagement Agreement?

1. Parties: Identifies and provides full legal details of all parties to the agreement

2. Background: Explains the context and purpose of the engagement

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Services: Detailed description of the services to be provided

5. Term: Duration of the engagement, including start date and end date if applicable

6. Fees and Payment Terms: Compensation, payment schedule, expenses, and invoicing requirements

7. Obligations of Service Provider: Key responsibilities and service standards of the engaged party

8. Obligations of Client: Client's responsibilities including provision of information and resources

9. Intellectual Property: Ownership and rights regarding created materials and existing IP

10. Confidentiality: Protection of confidential information and trade secrets

11. Liability and Indemnity: Risk allocation between parties and limitation of liability provisions

12. Termination: Circumstances and process for ending the engagement

13. General Provisions: Standard legal clauses including governing law, notices, and entire agreement

What sections are optional to include in a Engagement Agreement?

1. Insurance: Required when specific insurance coverage needs to be maintained

2. Non-Compete: Used when restricting the service provider from competing activities

3. Non-Solicitation: Used when preventing poaching of clients or employees

4. Data Protection: Required when personal data processing is involved

5. Performance Metrics: Used when specific KPIs or service levels need to be maintained

6. Dispute Resolution: Detailed dispute resolution procedures, recommended for high-value engagements

7. Force Majeure: Used when specific provisions for unforeseen circumstances are needed

8. Assignment and Subcontracting: Required when transfer of rights or subcontracting needs to be addressed

9. Compliance with Laws: Detailed compliance obligations for regulated industries

What schedules should be included in a Engagement Agreement?

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

2. Schedule 2 - Fee Schedule: Detailed pricing, payment terms, and rate cards

3. Schedule 3 - Service Levels: Performance standards, metrics, and measurement methods

4. Schedule 4 - Key Personnel: Details of key team members and their roles

5. Appendix A - Insurance Requirements: Specific insurance types and coverage levels required

6. Appendix B - Policies and Procedures: Relevant internal policies that must be followed

7. Appendix C - Report Templates: Standard formats for required reporting

8. Appendix D - Change Request Process: Procedures for requesting and implementing changes to services

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

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions







































Clauses


































Relevant Industries

Professional Services

Technology

Consulting

Financial Services

Healthcare

Engineering

Construction

Education

Legal Services

Creative Industries

Information Technology

Management Consulting

Real Estate

Environmental Services

Relevant Teams

Legal

Procurement

Human Resources

Finance

Operations

Compliance

Risk Management

Commercial

Business Development

Project Management

Relevant Roles

Legal Counsel

Contract Manager

Procurement Manager

Human Resources Director

Chief Financial Officer

Project Manager

Business Development Manager

Operations Manager

Compliance Officer

Risk Manager

Department Head

Managing Director

Chief Executive Officer

Professional Services 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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