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Retainer Contract for Australia

Retainer Contract Template for Australia

An Australian retainer contract is a legally binding agreement that establishes an ongoing professional relationship between a service provider and a client. The document outlines the terms and conditions for regular service provision, including scope of work, payment terms, service levels, and obligations of both parties. Governed by Australian law, it incorporates provisions compliant with the Australian Consumer Law, Privacy Act, and other relevant legislation, providing a framework for consistent service delivery while protecting both parties' interests. The contract typically includes detailed fee structures, service specifications, and termination provisions specific to the Australian business environment.

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What is a Retainer Contract?

The Retainer Contract serves as a foundational document for establishing and maintaining ongoing professional service relationships in the Australian business context. This document is particularly useful when a client requires regular access to professional services over an extended period, rather than engaging on a project-by-project basis. It provides certainty of service availability while typically offering preferential rates or priority access to services. The contract addresses key aspects such as scope of services, payment terms, service levels, and professional obligations, all within the framework of Australian law. Common applications include legal services, consulting arrangements, marketing services, and other professional service relationships where regular, ongoing support is required. The Retainer Contract helps both parties by clearly defining expectations, responsibilities, and commercial terms while ensuring compliance with Australian regulatory requirements.

What sections should be included in a Retainer Contract?

1. Parties: Identifies and defines the service provider and the client with their full legal details

2. Background: Explains the context of the retainer relationship and the parties' intentions

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

4. Term and Commencement: Specifies the duration of the retainer agreement and start date

5. Scope of Services: Detailed description of the services to be provided under the retainer

6. Service Provider's Obligations: Lists the specific duties and responsibilities of the service provider

7. Client's Obligations: Outlines the client's responsibilities and commitments

8. Fees and Payment Terms: Details the retainer fee structure, payment schedule, and billing procedures

9. Confidentiality: Provisions for handling confidential information

10. Intellectual Property: Addresses ownership and usage rights of any IP created during the engagement

11. Termination: Conditions and procedures for ending the retainer agreement

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

What sections are optional to include in a Retainer Contract?

1. Performance Metrics: Specific metrics and KPIs for measuring service delivery, used when quantifiable performance measures are required

2. Resource Allocation: Details of specific personnel or resources dedicated to the client, relevant for larger service providers

3. Conflict of Interest: Provisions handling potential conflicts, particularly important for professional services firms

4. Insurance: Specific insurance requirements and coverage details, important for high-risk services

5. Data Protection: Detailed data handling and privacy provisions, essential when dealing with sensitive information

6. Service Credits: Compensation mechanism for service level failures, relevant for technical or measurable services

7. Change Control: Procedures for changing scope or terms, important for complex service arrangements

What schedules should be included in a Retainer Contract?

1. Schedule 1 - Service Description: Detailed breakdown of services covered under the retainer

2. Schedule 2 - Fee Schedule: Comprehensive fee structure including rates, payment terms, and additional charges

3. Schedule 3 - Service Levels: Specific performance standards and service level agreements

4. Schedule 4 - Key Personnel: List of key team members and their roles (if applicable)

5. Appendix A - Communication Protocol: Procedures for regular communications and reporting

6. Appendix B - Change Request Form: Template for requesting changes to the scope or terms

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

Legal Services

Professional Services

Management Consulting

IT Services

Marketing and Advertising

Accounting and Financial Services

Business Advisory

Creative Services

Engineering Services

Healthcare Services

Relevant Teams

Legal

Procurement

Commercial

Finance

Operations

Business Development

Client Services

Risk and Compliance

Professional Services

Account Management

Relevant Roles

Legal Counsel

Contract Manager

Business Development Manager

Professional Services Manager

Account Manager

Operations Director

Chief Financial Officer

Procurement Manager

Commercial Manager

Managing Partner

Client Services Director

Compliance Officer

Risk 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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