Retainer Form Template for Australia

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Key Requirements PROMPT example:

Retainer Form

"I need a Retainer Form for my management consulting firm to provide monthly strategic advisory services to a mid-sized manufacturing company, starting from January 2025, with quarterly review periods and specific provisions for emergency consultations."

Document background
A Retainer Form is essential for establishing and maintaining formal ongoing professional service relationships in Australia. This document is typically used when a client wishes to secure regular access to professional services, whether legal, consulting, accounting, or other professional expertise. The retainer arrangement provides certainty of service availability and often includes preferential fee arrangements. The document must comply with Australian legal requirements, including the Competition and Consumer Act 2010 (Cth) and relevant professional regulations. It sets out key terms such as service scope, fees, obligations, and termination rights, providing a clear framework for the ongoing professional relationship. The Retainer Form is particularly valuable for businesses requiring consistent access to professional expertise while managing costs and ensuring service availability.
Suggested Sections

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

2. Background: Context of the retainer arrangement and brief description of the professional relationship to be established

3. Definitions and Interpretation: Key terms used throughout the agreement and rules for interpreting the document

4. Term and Appointment: Duration of the retainer agreement and formal appointment of the service provider

5. Scope of Services: Detailed description of services to be provided under the retainer arrangement

6. Service Provider's Obligations: Core responsibilities and duties of the service provider

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

8. Fees and Payment Terms: Retainer fee structure, payment schedule, and billing arrangements

9. Confidentiality: Obligations regarding confidential information and its protection

10. Intellectual Property: Ownership and rights related to work produced under the retainer

11. Termination: Circumstances and procedures for ending the retainer arrangement

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

Optional Sections

1. Professional Indemnity Insurance: Details of insurance coverage, applicable when required by regulation or client request

2. Service Levels: Specific performance metrics and standards, useful for technical or ongoing service arrangements

3. Conflicts of Interest: Procedures for identifying and managing conflicts, particularly important for legal or financial services

4. Data Protection: Specific provisions for handling personal or sensitive data, necessary when significant data processing is involved

5. Sub-contracting: Terms for engaging third-party providers, relevant when service provider may need to delegate work

6. Non-Solicitation: Restrictions on hiring or soliciting staff, useful for professional services firms

7. Force Majeure: Provisions for unforeseen circumstances, particularly relevant for long-term retainers

Suggested Schedules

1. Schedule 1 - Detailed Scope of Services: Comprehensive list and description of all services covered under the retainer

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms including any variable components

3. Schedule 3 - Key Personnel: List of key team members assigned to provide services under the retainer

4. Schedule 4 - Service Level Requirements: Specific metrics and standards for service delivery, if applicable

5. Appendix A - Communication Protocol: Procedures for routine communications and escalation pathways

6. Appendix B - Required Information and Resources: List of information and resources the client must provide

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

Legal Services

Accounting and Financial Services

Management Consulting

IT Services

Marketing and Communications

Professional Services

Business Advisory

Healthcare Services

Engineering Services

Human Resources Services

Relevant Teams

Legal

Finance

Procurement

Operations

Compliance

Client Services

Business Development

Professional Services

Administration

Risk Management

Relevant Roles

Chief Executive Officer

Managing Director

Chief Financial Officer

General Counsel

Legal Counsel

Procurement Manager

Operations Manager

Practice Manager

Professional Services Director

Client Relationship Manager

Finance Manager

Compliance Officer

Business Development Manager

Department Head

Partner

Senior Associate

Project 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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