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Expert Retainer Agreement Template for Australia

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Key Requirements PROMPT example:

Expert Retainer Agreement

"I need an Expert Retainer Agreement for engaging a cybersecurity consultant in Melbourne from March 2025, with specific provisions for handling sensitive data and remote access to our systems, compliant with Australian privacy laws."

Document background
The Expert Retainer Agreement is essential for businesses operating in Australia that require ongoing access to specialized expertise while maintaining a clear independent contractor relationship. This document is particularly relevant in today's complex business environment where companies need flexible access to expert knowledge without creating permanent employment relationships. The agreement addresses key Australian legal requirements including GST obligations, professional indemnity, and independent contractor status under the Independent Contractors Act 2006. It typically includes detailed provisions for service delivery, confidentiality, intellectual property rights, and liability limitations, while ensuring compliance with Australian contract law and industry-specific regulations. This type of agreement is commonly used when engaging consultants, subject matter experts, or specialized service providers for long-term or recurring projects.
Suggested Sections

1. Parties: Identifies and defines the parties to the agreement - the client and the expert

2. Background: Sets out the context of the agreement, including the expert's qualifications and the client's need for expert services

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Term: Establishes the expert's appointment, commencement date, and duration of the agreement

5. Services: Describes the specific services to be provided by the expert

6. Expert's Obligations: Details the expert's key responsibilities, standards of service, and compliance requirements

7. Client's Obligations: Outlines the client's responsibilities, including provision of information and cooperation

8. Fees and Payment: Specifies the fee structure, payment terms, and expenses

9. Confidentiality: Addresses the handling and protection of confidential information

10. Intellectual Property: Covers ownership and usage rights of intellectual property created during the engagement

11. Liability and Indemnity: Sets out the limitations of liability and indemnification provisions

12. Termination: Details the circumstances and process for ending the agreement

13. General Provisions: Includes standard boilerplate clauses such as notices, governing law, and dispute resolution

Optional Sections

1. Non-Compete: Restricts the expert from providing similar services to competitors - use when the expert will have access to sensitive competitive information

2. Insurance: Specifies required insurance coverage - include when the services involve significant risks or regulatory requirements

3. Performance Metrics: Establishes specific performance standards and evaluation criteria - use for long-term or complex engagements

4. Conflict of Interest: Addresses potential conflicts and their management - important when the expert works with multiple clients in the same industry

5. Data Protection: Detailed provisions for handling personal or sensitive data - include when the services involve processing personal information

6. Force Majeure: Addresses unforeseeable circumstances preventing performance - particularly relevant post-COVID or for critical services

7. Succession Planning: Provisions for replacement or transition of the expert - important for long-term or critical service arrangements

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed description of services, deliverables, and performance requirements

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms

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

4. Schedule 4 - Key Personnel: Details of key team members and their roles if the expert works with a team

5. Appendix A - Confidentiality Agreement: Detailed confidentiality terms and procedures

6. Appendix B - Required Qualifications and Certifications: List of required professional qualifications and certifications

7. Appendix C - Reporting Requirements: Templates and specifications for required reports and documentation

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

Healthcare

Information Technology

Financial Services

Legal Services

Engineering

Construction

Mining

Education

Research & Development

Management Consulting

Environmental Services

Telecommunications

Relevant Teams

Legal

Procurement

Finance

Human Resources

Risk & Compliance

Operations

Commercial

Project Management Office

Research & Development

Business Development

Strategy

Relevant Roles

Legal Counsel

Procurement Manager

Contract Manager

Chief Financial Officer

Project Manager

Human Resources Director

Risk Manager

Compliance Officer

Operations Manager

Department Head

Business Unit Director

Chief Executive Officer

Commercial Manager

Professional Services 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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