A Pre Contract Agreement is essential in complex commercial transactions where parties need to establish clear parameters for their negotiations while protecting their interests. This document is commonly used in Australia when parties are contemplating significant business transactions such as mergers, acquisitions, joint ventures, or major commercial contracts. It typically includes both binding provisions (such as confidentiality and exclusivity) and non-binding elements (such as proposed commercial terms), aligned with Australian contract law principles and commercial practice. The agreement serves as a roadmap for negotiations, documenting the parties' intentions and key commercial terms while managing legal risk during the negotiation phase. It's particularly valuable in transactions requiring substantial due diligence, regulatory approvals, or complex negotiations.
Your data doesn't train Genie's AI
You keep IP ownership of your information
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
OR
Let Ƶ's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.
1. Parties: Full legal names and details of all parties to the agreement
2. Background: Context of the proposed transaction and purpose of entering into this pre-contract agreement
3. Definitions: Key terms used throughout the agreement
4. Scope of Proposed Transaction: Outline of the main transaction being contemplated
5. Binding and Non-Binding Terms: Clear designation of which provisions are legally binding and which are subject to negotiation
6. Confidentiality: Obligations regarding confidential information shared during negotiations
7. Exclusivity: Period during which parties agree not to negotiate with other parties
8. Duration and Timeline: Timeframe for negotiations and key milestones
9. Costs and Expenses: Responsibility for costs incurred during the negotiation process
10. Termination: Circumstances under which the agreement can be terminated
11. Governing Law: Specification of applicable law and jurisdiction
1. Due Diligence: Terms regarding the conduct of due diligence investigations, used when the transaction requires significant investigation of assets or business
2. Break Fee: Provisions for compensation if one party withdraws from negotiations, used in high-value transactions
3. Public Announcements: Controls on public statements about the negotiations, important for sensitive or high-profile deals
4. Intellectual Property Protection: Additional IP safeguards, used when significant IP will be disclosed during negotiations
5. Foreign Investment Provisions: Required when the transaction may need foreign investment approval
6. Competition Law Compliance: Used when the proposed transaction may have competition law implications
1. Key Commercial Terms: Preliminary agreement on main commercial terms being considered
2. Timeline and Milestones: Detailed schedule of key dates and deliverables
3. Due Diligence Requirements: List of documents and information required for due diligence
4. Authorized Representatives: List of key contacts and their authority levels for each party
5. Form of Confidentiality Agreement: Template or final form of detailed confidentiality agreement if required
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Mining
Technology
Manufacturing
Financial Services
Healthcare
Infrastructure
Telecommunications
Retail
Energy
Agriculture
Professional Services
Relevant Teams
Legal
Commercial
Corporate Development
Mergers & Acquisitions
Business Development
Finance
Risk & Compliance
Strategy
Executive Leadership
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Commercial Director
Head of Legal
General Counsel
Business Development Manager
Corporate Development Manager
Mergers & Acquisitions Director
Investment Manager
Commercial Manager
Legal Counsel
Contract Manager
Risk Manager
Strategy Director
Find the exact document you need
Unregistered Sale Agreement With Possession
An Australian legal agreement allowing property possession before title transfer, setting out terms and conditions for interim occupation and eventual sale completion.
find out more
Consignment Agreement Form
An Australian-law governed agreement establishing terms for consignment sales arrangements, including commission structures and party responsibilities.
find out more
Business Lease Agreement
An Australian-law governed agreement establishing terms and conditions for commercial property leasing, including rent, maintenance, and usage rights.
find out more
General Tenancy Agreement
An Australian residential lease agreement that establishes the legal framework for property rental, compliant with state tenancy laws.
find out more
Residential Lease Agreement Form
An Australian-compliant residential lease agreement template establishing terms and conditions between landlord and tenant for residential property rental.
find out more
Written Agreement
An Australian law-compliant Written Agreement establishing legally binding terms between parties, suitable for various business relationships and transactions.
find out more
Simple Agreement
An Australian law-compliant Simple Agreement template suitable for various commercial arrangements, featuring essential contract elements and basic protections.
find out more
Side Agreement
An Australian law-governed Side Agreement that modifies or supplements an existing primary agreement between parties.
find out more
Lease Agreement With Option To Purchase
An Australian law-governed agreement combining property lease terms with a future purchase option, suitable for both residential and commercial properties.
find out more
Formal Agreement
Australian law-compliant Formal Agreement template with comprehensive contractual provisions suitable for various commercial relationships.
find out more
Casual Worker Contract
An Australian-compliant casual employment contract template establishing terms and conditions for casual workers under the Fair Work Act 2009.
find out more
Boilerplate Agreement
An Australian law-compliant template agreement establishing standard terms and conditions for business relationships.
find out more
Tooling Agreement
An Australian-law agreement governing the ownership, use, and maintenance of industrial tooling, dies, and specialized equipment between manufacturers and users.
find out more
Representation Agreement
An Australian-law governed agreement establishing the terms and conditions under which a representative may act on behalf of a principal.
find out more
Provisional Agreement
An Australian-law governed temporary contractual arrangement establishing interim terms and conditions between parties while working towards a permanent agreement or short-term objective.
find out more
Preliminary Agreement
An Australian law-governed framework document establishing initial terms and conditions for commercial negotiations, including both binding and non-binding provisions.
find out more
Lease With Option To Buy
An Australian agreement combining a property lease with a future purchase option, governed by Australian property law and regulations.
find out more
Land Agreement Between Two Parties
An Australian legal agreement governing land transfer or use between two parties, compliant with federal and state property laws.
find out more
Common Terms Agreement
An Australian law-governed master agreement establishing standard terms across multiple facility agreements in a syndicated financing arrangement.
find out more
Subordination Agreement Mortgage
An Australian law agreement establishing priority arrangements between multiple mortgage holders over the same property, setting out their respective rights and ranking of security interests.
find out more
Enforceable Contract
Australian-compliant enforceable contract template suitable for various business relationships, incorporating all essential elements required under Australian contract law.
find out more
Basic Contract
A standard Australian-law compliant contract template for establishing basic business agreements between parties.
find out more
Prenuptial Agreement
An Australian Binding Financial Agreement (prenuptial agreement) that outlines financial arrangements between prospective spouses under the Family Law Act 1975.
find out more
Rental Lease Agreement Form
An Australian-compliant legal document establishing the terms and conditions between landlord and tenant for residential property rental.
find out more
Contra Agreement
An Australian legal document governing the exchange of goods or services between parties without monetary payment, compliant with Australian contract law and GST regulations.
find out more
Lease Agreement
An Australian lease agreement governing the terms and conditions for property rental, compliant with federal and state property laws.
find out more
Contractual Agreement
An Australian law-governed agreement establishing formal business relationships between parties, outlining rights, obligations, and terms of engagement.
find out more
Security Agreement Form
An Australian legal document creating a security interest in personal property under the PPSA, detailing terms of security arrangements between secured parties and grantors.
find out more
Labour Contract Agreement For Construction Of House
An Australian-compliant labour contract agreement for residential house construction, outlining construction terms, responsibilities, and legal obligations.
find out more
Business Cooperation Agreement
An Australian law-governed agreement establishing terms for business cooperation between two or more entities.
find out more
Rolling Tenancy Agreement
An Australian periodic residential tenancy agreement that continues indefinitely until terminated by notice from either party, compliant with Australian tenancy laws.
find out more
Lodger Agreement
An Australian legal agreement between a property owner/head tenant and a lodger for shared living arrangements, covering room usage, facilities, payments, and house rules.
find out more
Consulting Agreement
An Australian-law governed agreement establishing terms and conditions for professional consulting services between a consultant and client.
find out more
Intent To Purchase Agreement
An Australian-law governed preliminary agreement outlining the intention to purchase assets, property, or business interests, establishing key transaction terms and conditions.
find out more
Head Of Terms Agreement
An Australian-law governed preliminary agreement outlining key commercial terms between parties, serving as a framework for negotiating definitive agreements.
find out more
Business Contract
Australian business contract template for commercial relationships, compliant with Australian law and adaptable to various business contexts.
find out more
Umbrella Agreement
An Australian law-governed master agreement establishing a framework for ongoing business relationships and future specific agreements between parties.
find out more
Share Purchase Agreement
An Australian law-governed agreement documenting the sale and purchase of shares in a company, including price, warranties, and completion mechanics.
find out more
Rent To Own Agreement Form
An Australian legal agreement establishing terms for a property rent-to-own arrangement, combining rental terms with a future purchase option.
find out more
Consulting Services Agreement
An Australian law agreement governing the provision of professional consulting services, establishing terms, conditions, and obligations between consultant and client.
find out more
ұԾ’s Security Promise
Genie is the safest place to draft. Here’s how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; ұԾ’s AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
.png)