Consulting Agreement With Former Employer Template for Australia

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Key Requirements PROMPT example:

Consulting Agreement With Former Employer

"I need a Consulting Agreement with a Former Employer for our departing CTO who will provide technical advisory services for 24 months starting January 2025, including specific provisions for knowledge transfer and maintaining our IT security protocols while working with other clients."

Document background
The Consulting Agreement With Former Employer is designed for situations where an organization wishes to retain the expertise and knowledge of a former employee in a consulting capacity. This document is particularly relevant in the Australian business context where companies need to maintain access to specialized skills while establishing a clear differentiation from the previous employment relationship. The agreement addresses key aspects such as scope of services, confidentiality obligations, intellectual property rights, non-compete provisions, and payment terms, all while ensuring compliance with Australian independent contractor legislation, tax laws, and fair work requirements. It's commonly used during leadership transitions, specialized project work, or when organizations need ongoing access to specific expertise possessed by the former employee.
Suggested Sections

1. Parties: Identifies the parties to the agreement, including full legal names and ABNs - the former employer (now client) and the former employee (now consultant)

2. Background: Outlines the context of the agreement, including reference to previous employment relationship and desire to engage consulting services

3. Definitions: Defines key terms used throughout the agreement, including 'Services', 'Confidential Information', 'Intellectual Property', and 'Deliverables'

4. Term and Appointment: Specifies the duration of the consulting agreement and the basis of appointment as an independent contractor

5. Services: Details the consulting services to be provided, including scope, delivery requirements, and performance standards

6. Fees and Payment Terms: Specifies consulting fees, payment schedule, expenses, and invoicing requirements

7. Independent Contractor Relationship: Clearly establishes the nature of the relationship as independent contractor, not employment

8. Confidentiality: Obligations regarding confidential information, including both from previous employment and during consulting

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

10. Conflict of Interest: Provisions regarding working with competitors and other clients

11. Termination: Grounds and process for terminating the agreement

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

Optional Sections

1. Non-Compete: Additional restrictions on working with competitors - use when specific competitive concerns exist

2. Insurance: Requirements for professional indemnity and other insurance - use for high-risk or regulated services

3. Performance Metrics: Specific KPIs or performance standards - use when quantifiable deliverables are required

4. Equipment and Resources: Provisions regarding use of client equipment or resources - use when consultant needs access to client facilities/systems

5. Transition Services: Specific provisions for transitioning work or knowledge - use when consultant was in a key role

6. Compliance Requirements: Industry-specific compliance obligations - use in regulated industries

7. Subcontracting: Rights and restrictions on subcontracting - use when consultant may need to engage others

Suggested Schedules

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

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

3. Schedule 3 - Key Personnel: List of approved personnel who may perform services (if applicable)

4. Schedule 4 - Special Conditions: Any special terms or conditions specific to this engagement

5. Appendix A - Confidential Information: Specific list or categories of confidential information

6. Appendix B - Existing IP: Documentation of pre-existing intellectual property

7. Appendix C - Compliance Requirements: Specific compliance obligations and standards to be met

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 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

Technology

Professional Services

Financial Services

Healthcare

Manufacturing

Mining and Resources

Education

Construction

Telecommunications

Management Consulting

Relevant Teams

Human Resources

Legal

Finance

Operations

Information Technology

Research and Development

Executive Leadership

Project Management Office

Procurement

Risk and Compliance

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Senior Manager

Department Head

Technical Specialist

Project Manager

Senior Engineer

Financial Controller

Operations Director

Business Unit Leader

Senior Consultant

Subject Matter Expert

Product Manager

Research Director

Principal Architect

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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