Project Consultancy Agreement Template for Australia

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Key Requirements PROMPT example:

Project Consultancy Agreement

"I need a Project Consultancy Agreement for engaging a cybersecurity consultant to conduct a 6-month system upgrade project starting March 2025, with strict data protection provisions and the ability to extend the term for an additional 6 months."

Document background
This Project Consultancy Agreement is designed for use in the Australian business environment where organizations require specialized external expertise for specific projects or initiatives. The document establishes a legally binding framework for consulting services, ensuring clarity in the business relationship while maintaining compliance with Australian regulatory requirements, including the Independent Contractors Act 2006 and related legislation. It is particularly suitable for situations where companies engage external consultants or consulting firms for defined project work, requiring detailed documentation of scope, deliverables, timelines, and commercial terms. The agreement includes comprehensive provisions for intellectual property protection, confidentiality, performance standards, and risk allocation, making it adaptable for various industries and project types while maintaining its enforceability under Australian law.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including full legal names and ABN/ACN

2. Background: Context of the agreement, brief description of the project and parties' capabilities

3. Definitions and Interpretation: Defined terms used throughout the agreement and rules of interpretation

4. Engagement and Scope: Terms of consultant engagement and detailed scope of services

5. Term: Duration of the agreement, including commencement date and end date

6. Consultant Obligations: Key responsibilities, deliverables, and performance standards of the consultant

7. Client Obligations: Responsibilities of the client, including provision of information and resources

8. Fees and Payment: Compensation structure, payment terms, expenses, and invoicing requirements

9. Intellectual Property: Ownership and licensing of pre-existing and created IP during the project

10. Confidentiality: Protection of confidential information and trade secrets

11. Relationship of Parties: Clarification of independent contractor status and no employment relationship

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

13. Termination: Circumstances for termination, notice requirements, and consequences

14. General Provisions: Standard clauses including governing law, notices, dispute resolution, and entire agreement

Optional Sections

1. Performance Metrics: Specific KPIs and measurement criteria for complex projects requiring detailed performance monitoring

2. Change Management: Process for handling scope changes and variations, recommended for projects with potential scope evolution

3. Personnel: Key personnel provisions and replacement procedures, important for projects requiring specific expertise

4. Data Protection: Detailed data handling and privacy obligations, necessary when personal or sensitive data is involved

5. Non-Compete: Restrictions on competitive activities, relevant for sensitive industries or specialized services

6. Work Health and Safety: Specific WHS obligations, necessary for on-site or high-risk consulting work

7. Security Requirements: IT, physical, or information security obligations, important for projects involving sensitive systems or facilities

8. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term or high-risk projects

9. Transition Services: Handover requirements at project completion, important for complex or ongoing projects

Suggested Schedules

1. Schedule 1 - Services Specification: Detailed description of services, deliverables, and technical requirements

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, payment milestones, and expense categories

3. Schedule 3 - Project Timeline: Project phases, milestones, and delivery dates

4. Schedule 4 - Key Personnel: Details of approved consultant personnel and their roles

5. Schedule 5 - Service Levels: Performance standards, KPIs, and measurement criteria

6. Schedule 6 - Client Materials: List of materials, information, and resources to be provided by the client

7. Appendix A - Insurance Requirements: Specific insurance types and coverage levels required

8. Appendix B - Approved Subcontractors: List of pre-approved subcontractors if applicable

9. Appendix C - Compliance Requirements: Specific regulatory or industry compliance requirements

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 Industries

Information Technology

Management Consulting

Engineering

Construction

Healthcare

Financial Services

Education

Mining

Energy

Professional Services

Manufacturing

Research and Development

Telecommunications

Environmental Services

Digital Transformation

Relevant Teams

Legal

Procurement

Finance

Operations

Human Resources

Risk and Compliance

Project Management Office

Commercial

Business Development

Technical Services

Information Technology

Strategy

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Procurement Manager

Project Manager

Legal Counsel

Contract Manager

Business Development Manager

Operations Director

Technical Director

HR Manager

Risk Manager

Department Head

Consulting Director

Commercial Manager

Finance Manager

Industries
Independent Contractors Act 2006 (Cth): Federal legislation governing independent contractor relationships, including unfair contracts provisions and proper classification of contractors versus employees
Fair Work Act 2009 (Cth): While primarily focused on employment, this Act is relevant for ensuring the consultant is genuinely a contractor and not a deemed employee
Competition and Consumer Act 2010 (Cth): Contains the Australian Consumer Law provisions, including unfair contract terms, particularly relevant for small business contracts
Copyright Act 1968 (Cth): Governs intellectual property rights and ownership of works created during the consultancy
Patents Act 1990 (Cth): Relevant for protecting any inventions or innovations developed during the project consultancy
Privacy Act 1988 (Cth): Regulates the handling of personal information and privacy obligations between parties
Work Health and Safety Act 2011 (Cth): Outlines safety obligations and responsibilities, even for contractor relationships
Income Tax Assessment Act 1997 (Cth): Relevant for tax obligations and treatment of payments under the consultancy arrangement
A New Tax System (Goods and Services Tax) Act 1999 (Cth): Governs GST obligations and requirements for consultancy services
Electronic Transactions Act 1999 (Cth): Relevant for electronic execution and communication aspects of the agreement
State-specific Contract Law: Common law principles and state-specific contract legislation governing formation and enforcement of contracts
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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