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Consulting Fee Agreement Template for Australia

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Key Requirements PROMPT example:

Consulting Fee Agreement

"I need a Consulting Fee Agreement for my IT consulting firm to provide cybersecurity advisory services to a mid-sized financial services company in Sydney, with specific provisions for data protection and professional indemnity insurance."

Document background
The Consulting Fee Agreement serves as the primary legal instrument for establishing and managing consulting relationships in Australia. This document is essential when engaging external expertise on a professional basis, whether for short-term projects or ongoing advisory services. The agreement covers crucial aspects such as service scope, fee structures, payment terms, intellectual property rights, and confidentiality provisions, while ensuring compliance with Australian legislation including the Competition and Consumer Act 2010 and Independent Contractors Act 2006. It's particularly important for protecting both parties' interests, setting clear expectations, and providing a framework for dispute resolution. The Consulting Fee Agreement should be customized based on the specific nature of services, industry requirements, and the complexity of the engagement, while maintaining its enforceability under Australian law.
Suggested Sections

1. Parties: Identification of the consultant and the client, including full legal names, ABN/ACN, and registered addresses

2. Background: Context of the agreement, including the client's need for consulting services and the consultant's expertise

3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty

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

5. Term: Duration of the agreement, including start date and end date or ongoing arrangements

6. Fees and Payment Terms: Consulting rates, payment schedule, invoicing requirements, and GST provisions

7. Obligations of the Consultant: Key responsibilities, performance standards, and delivery requirements

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

9. Intellectual Property: Ownership and rights to intellectual property created during the engagement

10. Confidentiality: Protection of confidential information and trade secrets

11. Termination: Circumstances and process for ending the agreement

12. Insurance and Liability: Insurance requirements and limitation of liability provisions

13. General Provisions: Standard legal clauses including governing law, notices, and dispute resolution

Optional Sections

1. Non-Compete: Restrictions on consultant's ability to work with competitors, used when protecting market position is crucial

2. Non-Solicitation: Prevents solicitation of employees or clients, important for protecting business relationships

3. Equipment and Resources: Details about provision of equipment and resources, needed when specific tools or facilities are required

4. Performance Metrics: Specific KPIs and performance measurement criteria, useful for long-term or complex engagements

5. Subcontracting: Terms for engaging subcontractors, relevant when subcontracting might be needed

6. Travel and Expenses: Rules for reimbursement of travel and other expenses, necessary when travel is involved

7. Data Protection: Specific data handling requirements, important when personal or sensitive data is involved

8. Change Management: Process for managing changes to scope or requirements, useful for complex projects

Suggested Schedules

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

2. Schedule 2 - Fee Schedule: Detailed fee structure, including rates, payment milestones, and special rates if applicable

3. Schedule 3 - Service Levels: Specific performance standards, response times, and quality metrics

4. Appendix A - Project Timeline: Detailed project schedule and milestones

5. Appendix B - Required Resources: List of resources, tools, or access requirements needed from the client

6. Appendix C - Key Personnel: Details of key team members and their roles in the consulting engagement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

























Clauses































Relevant Industries

Professional Services

Information Technology

Management Consulting

Financial Services

Healthcare

Education

Manufacturing

Construction

Mining

Energy

Telecommunications

Environmental Services

Non-Profit

Government

Retail

Marketing and Advertising

Relevant Teams

Legal

Procurement

Finance

Human Resources

Operations

Project Management

Risk and Compliance

Commercial

Business Development

Administration

Relevant Roles

Chief Executive Officer

Managing Director

Operations Manager

Project Manager

Procurement Manager

Legal Counsel

Contract Manager

Finance Director

Human Resources Director

Department Head

Business Development Manager

Consultant

Independent Contractor

Professional Services Manager

Commercial Manager

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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