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Consulting Services Agreement for Australia

Consulting Services Agreement Template for Australia

An Australian law-governed agreement that establishes the terms and conditions under which a consultant or consulting firm provides professional services to a client organization. This document addresses key aspects including service scope, delivery requirements, payment terms, intellectual property rights, confidentiality obligations, and liability provisions, all aligned with Australian regulatory requirements. It incorporates provisions from relevant Australian legislation including the Competition and Consumer Act 2010, Independent Contractors Act 2006, and applicable state laws, while ensuring compliance with Australian taxation and business regulations.

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What is a Consulting Services Agreement?

The Consulting Services Agreement is designed for use in the Australian business environment where organizations require external expertise or professional services. This document establishes the legal and commercial framework for consulting engagements, whether provided by individual consultants or consulting firms. It covers essential elements including service scope, delivery terms, payment conditions, intellectual property rights, confidentiality requirements, and risk allocation, while ensuring compliance with Australian legislation such as the Competition and Consumer Act 2010 and Independent Contractors Act 2006. The agreement is particularly relevant for businesses seeking to formalize consulting relationships while maintaining clear boundaries between independent contractors and employees under Australian law.

What sections should be included in a Consulting Services Agreement?

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

2. Background: Sets out the context of the agreement and high-level intentions of the parties

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

4. Term: Specifies the duration of the agreement, including start date and any renewal provisions

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

6. Fees and Payment: Details the fee structure, payment terms, expenses, and invoicing requirements

7. Consultant's Obligations: Specifies key responsibilities, performance standards, and compliance requirements

8. Client's Obligations: Outlines the client's responsibilities and commitments to enable service delivery

9. Intellectual Property: Addresses ownership and usage rights of pre-existing and created IP

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

11. Warranties: Contains promises and assurances from both parties

12. Liability and Indemnities: Sets out liability limitations and indemnification obligations

13. Insurance: Specifies required insurance coverage and minimum amounts

14. Termination: Details circumstances and processes for ending the agreement

15. General: Contains standard boilerplate provisions including notices, governing law, and dispute resolution

What sections are optional to include in a Consulting Services Agreement?

1. Data Protection and Privacy: Required when personal data processing is involved in service delivery

2. Regulatory Compliance: Needed for industries with specific regulatory requirements

3. Equipment and Facilities: Include when client provides equipment or facilities for consultant's use

4. Subcontracting: Required if consultant may engage subcontractors

5. Non-Competition: Include when restricting consultant's work with competitors

6. Service Levels: Needed when specific performance metrics apply

7. Change Control: Include for projects requiring formal change management processes

8. Force Majeure: Optional protection for unforeseeable circumstances

9. Business Continuity: Important for critical services requiring disaster recovery planning

What schedules should be included in a Consulting Services Agreement?

1. Schedule 1 - Services Description: Detailed specification of services to be provided

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

3. Schedule 3 - Service Levels: Performance metrics and measurement criteria

4. Schedule 4 - Key Personnel: Details of main consultant personnel assigned to provide services

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

6. Schedule 6 - Approved Subcontractors: List of pre-approved subcontractors if applicable

7. Appendix A - Form of Change Order: Template for documenting agreed changes to services

8. Appendix B - Progress Report Template: Standard format for progress reporting

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

Information Technology

Financial Services

Healthcare

Manufacturing

Energy

Mining

Education

Telecommunications

Construction

Real Estate

Environmental Services

Management Consulting

Business Advisory

Research and Development

Relevant Teams

Legal

Procurement

Commercial

Operations

Finance

Risk and Compliance

Human Resources

Project Management Office

Business Development

Strategic Planning

Supply Chain

Relevant Roles

Legal Counsel

Commercial Manager

Procurement Manager

Contract Manager

Business Development Manager

Project Manager

Operations Director

Chief Financial Officer

Risk Manager

Compliance Officer

Human Resources Director

Chief Executive Officer

Chief Operating Officer

Department Head

General 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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