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Legal
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Welcome to the docDownload legal section; a place for Australian businesses to get excellent templates for a broad range of legal agreements. A new INDEX has been introduced into the Legal section, to allow our solicitor buddies to locate and load a document with one Click!
Our do-it-yourself medium-sized business guys have asked for "startup kits" for both Companies and Partnerships in every State. These include Heads of Agreement for those preparing a Shareholders Agreement or a Partnership Agreement. We have also provided kits for basic contracts and deeds for those who want just the basic template but who want no substantive text.
Our new deeds for Confidentiality Agreement are proving very popular and we are getting some good feedback on these.
NOTE: docDownload is NOT a legal practitioner. We do NOT set out to offer our members and users any legal advice, whatsoever. Rather, as technical writers with significant experience, we have tried to retain documents that have proven useful in the past in the Australian business world, and supply these, or variants of these, to our members and users, to help them understand the key features of the documents that they need, to properly deal with the events that they are now experiencing.
Many small businesses in Australia work without legal documentation because they simply cannot afford the services of a solicitor for every document. docDownload provides templates to try to overcome this black hole. We believe that you can complete many legal documents yourself, if you have access to a good template. These templates have been well received by small to medium business decision makers in Australia. Many solicitors are also finding them useful as legal precedents.
However, if you are looking for legal advice, you will need to have the advice of a well trained lawyer. The legal aid centres and the private solicitors should still be used for review of current legal facts and for advice on key legal issues. But check us out first. docDownload seeks to save you thousands in legal charges!
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* Non-beneficiary clause
A clause that can be inserted in the Will to exclude particular persons from being a beneficiary under this Will. Not all Wills will need this clause but in some circumstances it could warn the non-beneficiary from pursuing a contest and make such a contest less likely to succeed. It will be inserted after SPECIAL GIFTS AND BEQUESTS and before RESIDUAL GIFTS DEVISES AND BEQUESTS. (P-1197)
 
*Advertorial - Aust Income Tax Law -Desktop Annotate Version
The latest (Jan 2009) edition of the eComPress® Australian Income Tax Law and its associated Acts and Regulations is available to download immediately. It contains the multitude of legislative Acts and Regulations commonly referred to as 'Tax law' including AAT, ADJR, Crimes law, Family Trust law, FBT, Income Tax, Tax Admin, Income Equalisation, New Business Tax, Income Tax Assessment, PDFs/Development Allowance, Superannuation, Superannuation Contribution, Retirement Savings, Termination Payments and Trust Recoupment. If Tax law is important to your business, there are a number of real benefits that you will obtain by downloading this version. Here you can download a docDownload detailed advertorial which Australian supplier EIS asked us to prepare to explain the huge benefits of this tool to lawyers, accountants, company lawyers, company secretaries, and corporate managers/operators heavily involved with Tax law. This we were happy to do as we consider this to be an excellent interactive tool that you can use in your everyday legal work. If you like it, you can then download the Income Tax law Acts and Regs.
*Advertorial - Corporations Act - Desktop Annotate Version
The latest (Jan 2009) edition of the eComPress® Corporations Act 2001 and its associated ASIC Acts and Regulations is available to download immediately. If the Corporations Act is important to your business, there are a number of real benefits that you will obtain by downloading this version. Here you can download a docDownload detailed advertorial which Australian supplier EIS asked us to prepare to explain the huge benefits of this tool to lawyers, accountants, company lawyers, company secretaries, and corporate managers/operators heavily involved with the Act. This we were happy to do as we consider this to be an excellent interactive tool that you can use in your everyday legal work. If you like it, you can then download the Act, ASIC Acts and Regs.
*Advertorial - Workplace Relat Law -Desktop Annotate Version
The latest (Jan 2009) edition of the eComPress® Workplace Relations Law and its associated Acts and Regulations is available to download immediately. It contains the multitude of legislative Acts and Regulations commonly referred to as 'Workplace Relations law' or 'OH&S law', including: Workplace Relations, Building and Construction Industry Improvement, Accreditation Schemes, Independent Contractors, Occupational Health and Safety, Tradesmen's Rights, Remuneration, Remuneration Tribunals, Remuneration and Allowances, Rehabilitation and Compensation, Safety, Seafarers Rehabilitation and Compensation, Annual Leave, Long Service Leave, Maternity Leave, etc. If Workplace Relations law is important to your business, there are a number of real benefits that you will obtain by downloading this version. Here you can download a docDownload detailed advertorial which Australian supplier EIS asked us to prepare to explain the huge benefits of this tool to lawyers, accountants, company lawyers, company secretaries, and corporate managers/operators heavily involved with Workplace Relations law. This we were happy to do as we consider this to be an excellent interactive tool that you can use in your everyday legal work. If you like it, you can then download the Workplace Relations Acts and Regs.
*BFA binding financial agreement POST-nuptial (any State)
After divorce. This Binding Financial Agreement (BFA) (sometimes called a post-nuptial agreement) -- is only a template and a divorced couple who have agreed upon property division will probably need to adapt it to their particular circumstances and agreement. In its original shape it is designed to allow a divorced couple to retain or divide their individual financial resources, and to list the items of personal property that each of them are to retain or take. (L-2000BFAafter)
*BFA binding financial agreement PRE-nuptial (any State)
New. For soon-to-be-married persons in any State/Territory in Australia. This pre-nuptial agreement, in plain text, is a binding financial agreement (BFA) for the purposes of the Family Law Act 1975 between soon-to-be-married persons who have decided that they wish to keep their current property separate from the marriage without Family Court orders. It includes annexures (1 and 2) for listing property owned at the time of the agreement by each of the parties. Note that it needs a solicitor's certificate (annexures 3 and 4) in order to be finally binding. (pre nuptial, prenuptial, before marriage). Australian legal agreement. (L-2006)
*BFA binding financial agreement PRE-nuptial(any S)(now)cont
New. For soon-to-be-married persons in any State/Territory in Australia. This pre-nuptial agreement, in plain text, is a binding financial agreement (BFA) for the purposes of the Family Law Act 1975 between soon-to-be-married persons who have decided that they wish to keep some of their current property (Schedules 1 & 2) separate from the new relationship but also to ensure that other listed assets (Schedule 3) are to be considered as jointly owned and that, from now on, any further acquisitions shall be owned jointly. The agreement provides that upon separation, jointly-owned assets will divided on the basis of contribution.
After March 2009 the Family Court began acquiring jurisdiction over de facto relationships, so the Agreement also calls itself a "Part VIIIAB financial agreement" under the Family Law Act.
Note that it needs a solicitor's certificate (annexures A and B) in order to be finally binding. (L-2064PreNup BFA contrib)
*BFA binding financial agreement PRE-nuptial(any S)(now)equa
New. For soon-to-be-married persons in any State/Territory in Australia. This pre-nuptial agreement, in plain text, is a binding financial agreement (BFA) for the purposes of the Family Law Act 1975 between soon-to-be-married persons who have decided that they wish to keep some of their current property (Schedules 1 & 2) separate from the new relationship but also to ensure that any new acquisitions shall be owned jointly. The agreement provides that upon separation, jointly-owned assets will divided equally regardless of contribution.
After March 2009 the Family Court began acquiring jurisdiction over de facto relationships, so the Agreement also calls itself a "Part VIIIAB financial agreement" under the Family Law Act.
Note that it needs a solicitor's certificate (annexures A and B) in order to be finally binding. (L-2087PreNup BFA equal)
*Confidentiality Agreement between Employer & Employee
A separate deed of confidentiality, specifically designed for the employer and employee, to be signed at recruitment. This one allows execution even before employment (for those who are to reveal important information in the recruitment process (say, in second stage interviews)) but works even if this is not an aspect of this particular recruitment. Australian. NSW, Vic., ACT, WA, SA, NT. (H-3077)
*Confidentiality Agreement between Employer & Employee (QLD)
A separate deed of confidentiality, specifically designed for the employer and employee, to be signed at recruitment. This one allows execution even before employment (for those who are to reveal important information in the recruitment process (say, in second stage interviews)) but works even if this is not an aspect of this particular recruitment. Australia. Queensland. (H-3075) non disclosure agreement (NDA)
*Confidentiality Agreement between Employer & Employee (Tas.
A separate deed of confidentiality, specifically designed for the employer and employee, to be signed at recruitment. This one allows execution even before employment (for those who are to reveal important information in the recruitment process (say, in second stage interviews)) but works even if this is not an aspect of this particular recruitment. Australia. Tasmania. (H-3078) non disclosure agreement (NDA)
*Contracting Agreement - Independent Contractor Terms
New. Any State/Territory in Australia. This Agreement is a template designed to properly spell out in general terms the relationship between a Principal, and an Independent Contractor. The agreement contains many standard terms requiring the contractor to respect intellectual property and confidentiality, to perform the services properly, to render tax invoices, and to not compete with the Principal, and so forth.
The "flexible" part of the template appears throughout the document in a "Form" style, where the party preparing the agreement (usually the Principal) will name the parties, describe the services to be performed, identify the workplace(s), define the fees to be paid, specify the frequency of invoices, identify the insurances the contractor should hold, specify the State whose laws apply, and so forth. This is the same document as shown in L-9156 and while it may be considered more "old fashioned" some contractors prefer it because it forces you to concentrate on the meanings and interpretations to which the changeable references apply before execution. (L-9157)
*Contracting Agreement - Independent Contractor Terms (follo
New. Any State/Territory in Australia. This Agreement is a template designed to properly spell out in general terms the relationship between a Principal, and an Independent Contractor. The agreement contains many standard terms requiring the contractor to respect intellectual property and confidentiality, to perform the services properly, to render tax invoices, and to not compete with the Principal, and so forth. The "flexible" part of the template appears in the "following" schedules (which makes them significant and central to understanding the basic agreement), where the party preparing the agreement (usually the Principal) will name the parties, describe the services to be performed, identify the workplace(s), define the fees to be paid, specify the frequency of invoices, identify the insurances the contractor should hold, specify the State whose laws apply, and so forth. This is the same document as shown in L-9157 but is considered more "modern" and some contractors prefer it because it is easier to complete because everything that needs to be entered to execute the agreement is in one place at the end of the document. A solicitor who is preparing for both sides and is intending to explain the "Terms" to both parties before getting them to complete and execute may find this format more in keeping with such a process. (L-9156)
*NSW - Statutory Declaration (affirmation) (form)
For those who have no religion or no god and do not wish to make an oath under the Oaths Act. A blank 'stat dec' form for declaration in the State of New South Wales. This is in questionnaire form, useful if you wish to prepare the whole document on the screen before printing out and signing. A list of all persons qualified to be a witness is attached. (L-0019) See Ruling 003
*NSW - Statutory Declaration (affirmation) (pen)
For those who have no religion or no god and do not wish to make an oath under the Oaths Act. A blank 'stat dec' form for declaration in the State of New South Wales. This is in document form, useful if you wish to simply print it out and fill it in using a pen. A list of all persons qualified to be a witness is attached. (L-0079) See Ruling 003
*NSW - Statutory Declaration (oath) (form)
A blank 'stat dec' form for declaration in the State of New South Wales. This is in questionnaire form, useful if you wish to prepare the whole document on the screen before printing out and signing. A list of all persons qualified to be a witness is attached. (L-0006) See Ruling 003
*NSW - Statutory Declaration (oath) (pen)
A blank 'stat dec' form for declaration in the State of New South Wales. This is in document form, useful if you wish to simply print it out and fill it in using a pen. A list of all persons qualified to be a witness is attached. (L-0005) See Ruling 003
*NT - Statutory Declaration
Free. A blank 'stat dec' form for declaration under the Oaths Act in the Northern Territory. This is in document form, useful if you wish to simply print it out and fill it in using a pen. This may be witnessed by any person that has attained the age of eighteen. A note regarding the penalty for false declaration is included. (L-0008)
*NT - Statutory Declaration (affirmation)
Free. A blank 'stat dec' form for declaration under the Oaths Act in the Northern Territory. This is in document form, useful if you wish to simply print it out and fill it in using a pen. This may be witnessed by any person that has attained the age of eighteen. A note regarding the penalty for false declaration is included. (L-0008)
*NT - Statutory Declaration (form)
A blank 'stat dec' form for declaration under the Oaths Act in the Northern Territory. This is in questionnaire form, useful if you wish to prepare the whole document on the screen before printing out and signing. This may be witnessed by any person that has attained the age of eighteen. A note regarding the penalty for false declaration is included. (L-0007)
*NT - Statutory Declaration (form) (affirmation)
A blank 'stat dec' form for declaration under the Oaths Act in the Northern Territory. This is in questionnaire form, useful if you wish to prepare the whole document on the screen before printing out and signing. This may be witnessed by any person that has attained the age of eighteen. A note regarding the penalty for false declaration is included. (L-0007)
*QLD - Statutory Declaration
Free. A blank 'stat dec' form for declaration in the State of Queensland. This is in document form, useful if you wish to simply print it out and fill it in using a pen. A list of all persons qualified to be a witness is included. Tick the appropriate box. (L-0080)
*QLD - Statutory Declaration (affirmation)
For those who have no religion or no god and do not wish to make an oath under the Oaths Act. A blank 'stat dec' form for declaration in the State of Queensland. This is in document form, useful if you wish to simply print it out and fill it in using a pen. A list of all persons qualified to be a witness is included, tick appropriate qualification. (L-0080)
*QLD - Statutory Declaration (form)
Free. A blank 'stat dec' form for declaration in the State of Queensland. This is in questionnaire form, useful if you wish to prepare the whole document on the screen before printing out and signing. A list of all persons qualified to be a witness is included. Tick the appropriate box. (L-0081)
*QLD - Statutory Declaration (form)
For those who have no religion or no god and do not wish to make an oath under the Oaths Act. A blank 'stat dec' form for declaration in the State of Queensland. This is in questionnaire form, useful if you wish to prepare the whole document on the screen before printing out and signing. A list of all persons qualified to be a witness is included, tick appropriate qualification. (L-0081)
*Request (from Defendant) For Particulars SOC Goods Sold&Del
Free. Defendant's request for particulars of a contract which the Plaintiff pleads in the statement of claim L-DD9050E (Suing For Goods Sold And Delivered). The Defendant does not have perfect records of how much has been delivered, and invoiced, and paid for. The Defendant does not have 100% faith in the Plaintiff's accounting system. So the Defendant requests particulars of the claim, including documents. In general, when a pleading mentions a document, the other party is entitled to see it; so the Defendant asks to see the invoices that the Plaintiff sues upon. The Defendant also asks for other documents. The Defendant objects to the Plaintiff's claim for interest. Perhaps the Plaintiff was a bit rash in starting proceedings, when the Plaintiff’s invoices or other communications allowed time for payment. Therefore the Defendant seeks particulars of when any "demands for payment" were made. [L-DD9050E-Particulars]
*SMSF - *Trust Deed -Couple NSW, Vic., SA, WA, NT, ACT
Trust Deed establishing a self-managed superannuation fund in the State/Territory of NSW, Vic., SA, WA, NT, ACT. This is designed for a couple (two member SMSF) to be registered with the ATO. Up to two person fund (not single-member) with no corporate trustee. Suits a husband and a wife who are of similar age and with similar retirement plans, or partners (lesbian, homosexual, defacto) in a partnership or a discretionary (family) trust, etc. Any couple who work together, self-employed, who want to lose some of their earnings to a super fund and prepare for their future. Both Trustees are Members and both Members are Trustees. (S-6025)
*SMSF - *Trust Deed -Couple QLD
Trust Deed establishing a self-managed superannuation fund in the State of Queensland. This is designed for a couple (two member SMSF) to be registered with the ATO. Up to two person fund (not single-member) with no corporate trustee. Suits a husband and a wife who are of similar age and with similar retirement plans, or partners (lesbian, homosexual, defacto) in a partnership or a discretionary (family) trust, etc. Any couple who work together, self-employed, who want to lose some of their earnings to a super fund and prepare for their future. Both Trustees are Members and both Members are Trustees. (S-6026)
*SMSF - *Trust Deed -Couple Tas.
Trust Deed establishing a self-managed superannuation fund in the State of Tasmania. This is designed for a couple (two member SMSF) to be registered with the ATO. Up to two person fund (not single-member) with no corporate trustee. Suits a husband and a wife who are of similar age and with similar retirement plans, or partners (lesbian, homosexual, defacto) in a partnership or a discretionary (family) trust, etc. Any couple who work together, self-employed, who want to lose some of their earnings to a super fund and prepare for their future. Both Trustees are Members and both Members are Trustees. (S-6027)
*SMSF - *Trust Deed -Multi Member NSW, Vic., SA, WA, NT, ACT
New. Trust Deed establishing a self-managed superannuation fund in the State/Territory of NSW, Vic., SA, WA, NT, ACT. This is a multi member SMSF (two, three, or four members) to be registered with the ATO. Up to four person fund (not single-member) with no corporate trustee. Suits a family business such as a husband and a wife who are of similar age and with similar retirement plans, or brothers or sisters in a partnership or a discretionary (family) trust, etc. Any single group who work together, self-employed, who want to lose some of their earnings to a super fund and prepare for their future. All Trustees are Members and all Members are Trustees. (S-6021)
*SMSF - *Trust Deed -Multi Member QLD
New. Trust Deed establishing a self-managed superannuation fund in the State of Queensland. This is a multi member SMSF (two, three, or four members) to be registered with the ATO. Up to four person fund (not single-member) with no corporate trustee. Suits a family business such as a husband and a wife who are of similar age and with similar retirement plans, or brothers or sisters in a partnership or a discretionary (family) trust, etc. Any group who work together, self-employed, who want to lose some of their earnings to a super fund and prepare for their future. All Trustees are Members and all Members are Trustees. (S-6022)
*SMSF - *Trust Deed -Multi Member Tas.
New. Trust Deed establishing a self-managed superannuation fund in the State of Tasmania. This is a multi member SMSF (two, three, or four members) to be registered with the ATO. Up to four person fund (not single-member) with no corporate trustee. Suits a family business such as a husband and a wife who are of similar age and with similar retirement plans, or brothers or sisters in a partnership or a discretionary (family) trust, etc. Any group who work together, self-employed, who want to lose some of their earnings to a super fund and prepare for their future. All Trustees are Members and all Members are Trustees. (S-6023)
*SMSF - *Trust Deed -Single Member NSW, Vic.,SA, WA, NT, ACT
New. Trust Deed establishing a self-managed superannuation fund in the State/Territory of NSW, Vic., SA, WA, NT, ACT. This is a single member SMSF to be registered with the ATO. One person fund (not multi-person fund) with no corporate trustee. Suits a single professional, such as an accountant, a lawyer, a medical practitioner, a finance consultant, a broker, a real estate agent, an architect, even a taxi driver. Anyone who is self-employed, who wants to lose some of their earnings to a super fund and prepare for their future. The Member is one Trustee and the other Trustee can be a member of his/her family or a professional associate such as his/her lawyer or accountant but must not be his/her employer. (S-6014)
*SMSF - *Trust Deed -Single Member QLD
New. Trust Deed establishing a self-managed superannuation fund in the State of Queensland. This is a single member SMSF to be registered with the ATO. One person fund with no corporate trustee. Suits a single professional, such as an accountant, a lawyer, a medical practitioner, a finance consultant, brokers, estate agents, architects, even taxi drivers. Anyone who is self-employed, who wants to lose some of their earnings to a super fund and prepare for their future. The Member is one Trustee and the other Trustee can be a member of his/her family or a professional associate such as his/her lawyer or accountant but must not be an employer. (S-6015)
*SMSF - *Trust Deed -Single Member Tas.
New. Trust Deed establishing a self-managed superannuation fund in the State of Tasmania. This is a single member SMSF to be registered with the ATO. One person fund with no corporate trustee. Suits a single professional, such as an accountant, a lawyer, a medical practitioner, a finance consultant, brokers, estate agents, architects, even taxi drivers. Anyone who is self-employed, who wants to lose some of their earnings to a super fund and prepare for their future. The Member is one Trustee and the other Trustee can be a member of his/her family or a professional associate such as his/her lawyer or accountant but must not be an employer. (S-6017)
*SMSF - Binding death benefit nomination
Properly signed and delivered nomination that is binding on the Trustee to benefit the nominated beneficiary/beneficiaries upon the death of the member of the Self Managed Superannuation Fund. (S-6019)
*SMSF - Investment Strategy
This is the short version of the Investment Strategy for the self managed superannuation fund, showing basic principles and time-frames governing investment decisions by the Trustee(s). (S-6008)
*SMSF - Investment Strategy - with adjustment
This is the more detailed version of the Investment Strategy for the self managed superannuation fund, showing basic principles and time-frames governing investment decisions by the Trustee(s), and based on the idea that the current strategy can only be decided after clear analysis of past performance and likely prospects. (S-6009)
*SMSF - Request to transfer existing benefits to SMSF
A letter from the Trustee to the Member's existing super fund requesting funds to be transferred to the new Self Managed Superannuation Fund (SMSF). It contains the relevant statutory declaration by the Member. (S-6013)
*SMSF Setup Kit
All the documents you need to set up your Self-Managed Superannuation Fund (SMSF), including minutes, investment strategy, registers and ATO forms, etc.
*Vic. - Statutory Declaration
A blank 'stat dec' form for declaration in the State of Victoria. This is in document form, useful if you wish to simply print it out and fill it in using a pen. A list of authorised witnesses under the Evidence (Miscellaneous Provisions) Act 1958 to is attached. (L-0015)
*Vic. - Statutory Declaration (form)
A blank 'stat dec' form for declaration in the State of Victoria. This is in questionnaire form, useful if you wish to prepare the whole document on the screen before printing out and signing. A list of authorised witnesses under the Evidence (Micellaneous Provisions Act) 1958 is attached. (L-0016)
30 years of ERP Systems
ERP (Enterprise Resource Planning) systems and their MRP/MRPII (Manufacturing Resource Planning) predecessors have been around for nearly 30 years. Questions and debate still abound as to the effectiveness of these systems and where to go from here. Ray Atkinson discusses the issues. (SM-0002)
A New Chapter in ERP Litigation
There is a real cost and significant damages done to organisations because of ERP failures and companies have simply had enough. They want to hold someone to account for ERP failures and this will inevitably lead to the courts deciding who is in the wrong and what degree of responsibility all parties bear. There is a new era coming to Australia in ERP and this will result in a more open transparent honest relationship between sellers of software and services and the company buying those services.
ACT - Agency Agreement - Assigned Territory (scouter hard)
An agreement (deed) between a supplier of IT goods and services ('the principal') and a seller ('the agent') who operates as a "scouter" in the Australian Capital Territory that allows the agent to sell three types of contract (goods and services contracts) to the customer on behalf of the principal for a commission, the principal having all the expertise and the principal to do all the work. The customer thinks he/she is dealing with the principal. It removes all warranty considerations from the agent and indemnifies the agent from all considerations arising from supply. It assigns an exclusive territory to the agent so that no other scouters are operating close by and agreed sales targets are an important feature of the agency. (M-4065)
ACT - Agency Agreement - Assigned Territory (shopfront hard)
An agreement (deed) between a supplier of IT goods and services ('the principal') and a seller ('the agent') who has a shop front in the Australian Capital Territory that allows the agent to sell three types of contract (goods and services contracts) to his/her customers on behalf of the principal for a commission, the principal having all the expertise and the principal to do all the work. The customer thinks he/she is dealing with the shop. It removes all warranty considerations from the agent and indemnifies the agent from all considerations arising from supply. It assigns an exclusive territory to the agent and agreed sales targets are an important feature of the agency. (M-4058)
ACT - Agency Agreement - IT Goods & Services (shopfront soft
An agreement (deed) between a supplier of IT goods and services ('the principal') and a seller ('the agent') who has a shop front in the Australian Capital Territory that allows the agent to enter into and sell three types of contract (goods and services contracts) to his/her own customers for a commission, the principal having all the expertise and the principal to do all the work. The customer thinks he/she is dealing with the shop. This agency is more casual, does not assign territory or push hard sales targets. It removes all warranty considerations from the agent and indemnifies the agent from all considerations arising from supply. (M-4046)
ACT - Agency Agreement - Special club deal for Respondents
An agreement (deed) between a club (the 'principal') and an advertiser and promoter ('the agent') in the Australian Capital Territory that creates an agency for a given period. The Agent issues promotional and advertising that introduces others to the value of membership of the Club and offering a special deal. The special deal gives rise to a discounted first year Membership Fee and a secret Introduction Fee to the Agent. It introduces a way of identifying the agent as having given rise to the Membership enquiry that implies a contract between the Principal and the Agent but requires confidentiality by both sides regarding the nature of the contract. Unique Agency Identifier (UAI). Special Membership Fee (SMF). Special Introduction Fee (SIF). Sale of Goods Act (1954) (ACT). Trade Practices Act 1974 (Cth). Australian Legal Agreement. (M-4083) K
ACT - Agency Agreement - Special deal for Members
An agreement (deed) between a supplier (the 'principal') and a website club owner ('the agent') in the Australian Capital Territory that creates an agency for a given period and provides for a continuation of the agency, so long as the agent continues to meet the requirements of the agreement. The Club Owner introduces his/her Members to the value of buying from the supplier. The Supplier offers a discounted selling price to the Members and a secret commission to the Agent. It allows both sides to recognise an agreement between the Supplier and the Agent (otherwise the discounted selling price would not be possible) but requires confidentiality by both sides regarding the nature of the contract. Unique Membership Identifier (UMI). Special Discount Percentage (SDP). Discounted Special Price (DSP). Sale of Goods Act (1954) (ACT). Trade Practices Act 1974 (Cth). Australian Legal Agreement. (M-4082) K
ACT - Company Formation Kit
For start-up companies. Some key documents to help get a new company under way in the Australian Capital Territory. Includes: (a) Detailed business plan; (b) Memorandum of understanding; (c) Simple Heads of Agreement in preparation for a Shareholders' Agreement; (d) Shareholders' agreement (3 shareholders); (e) Consent of Occupier to the Company's use of premises as Registered Office; (f) Consent to Act (Director/Company Secretary); (g) Statutory declaration; (h) Contract of employment (common law); (i) Job description; (j) Client/Contractor agreement. (L-9012) K
ACT - Contract (Simple) - *Setup kit - WITHTEXT
Ten standard agreements (simple contract format) for use in the Australian Capital Territory with substantive text including basic elements of any contract, standard contract definitions, interpretations, declarations, disclaimers, and commitments, etc. Australian legal agreement. (L-9957)
ACT - Deed of Future Gift - Gratuitous Promise
This deed is used for a simple gratuitous promise to transfer ownership of itemised object(s) in the Australian Capital Territory. A gratuitous promise is a promise to transfer money or property to someone who is not providing anything in return. In this version the transfer of ownership is at some date in the future. It includes a release form to be signed by the receiver upon receipt of the object(s) thereby completing the deal. (L-3186)
ACT - Deed of Sale - detailed text and generic format
A more detailed "deed" or "contract under seal" used for a sale by the Seller of itemised object(s) of sale in return for money from the Buyer in the Australian Capital Territory. It is generic, being able to be used for Person, Sole Trader, Partnership, and/or Company. It includes understandings and definitions and refers to ATO and GST issues. It includes two release forms for acknowlegement of the transfer of the goods and the money, allowing the three events, the "meeting of the minds", the "payment" and the "handover" to happen all at once or at different times. (L-3338)
ACT - Div 7A Loan - loan to associate (under 7 years)
This loan agreement in the Australian Capital Territory is for a new loan by a private company to a relative or associate of a shareholder not deemed to be a dividend under 7A of the Income Tax Assessment Act, 1936. This loan agreement should be executed prior to the money being loaned to the relative/associate and is of no use if the money has already been given to the relative/associate. Australian legal agreement with Appendix. (L-3131) K
ACT - Div 7A Loan - loan to director (under 7 years)
This loan agreement in the Australian Capital Territory is for a new loan by a private company to a director not deemed to be a dividend under 7A of the Income Tax Assessment Act, 1936. This loan agreement should be executed prior to the money being loaned to the director and is of no use if the money has already been given to the director. Australian legal agreement with Appendix. (L-3141) K
ACT - Div 7A Loan - loan to shareholder (under 7 years)
This loan agreement in the Australian Capital Territory is for a new loan by a private company to a shareholder not deemed to be a dividend under 7A of the Income Tax Assessment Act, 1936. This loan agreement should be executed prior to the money being loaned to the shareholder and is of no use if the money has already been given to the shareholder. Australian legal agreement with Appendix. (L-3133) K
ACT - Domestic Relationship Agreement -defacto
New. An agreement between a man and a woman who wish to begin formal cohabitation and live together in the Australian Capital Territory in a de facto relationship as defined in the Domestic Relationships Act 1994 and have decided that they wish to keep their current property separate from the new relationship, as a married couple would with a pre-nuptial agreement.
After March 2009 the Family Court began acquiring jurisdiction over de facto relationships, so the Agreement also calls itself a "Part VIIIAB financial agreement" under the Family Law Act.
Note that it needs a solicitor's certificate (annexures A and B) in order to be finally binding. (L-2021PreNup BFA de facto)
ACT - Domestic Relationship Agreement -defacto (now) contrib
New. A Domestic Relationship Agreement between a man and a woman who wish to begin formal cohabitation and live together in the Australian Capital Territory in a de facto relationship as defined in the Domestic Relationships Act 1994 and have decided that they wish to keep some of their current property (Schedules 1 & 2) separate from the new relationship but also to ensure that other listed assets (Schedule 3) are to be considered as jointly owned and that, from now on, any further acquisitions shall be owned jointly. The agreement provides that upon separation, jointly-owned assets will divided on the basis of contribution.
After March 2009 the Family Court began acquiring jurisdiction over de facto relationships, so the Agreement also calls itself a "Part VIIIAB financial agreement" under the Family Law Act.
Note that it needs a solicitor's certificate (annexures A and B) in order to be finally binding. (L-2034PreNup BFA de facto Contrib)
ACT - Domestic Relationship Agreement -defacto (now) equal
New. An agreement between a man and a woman who wish to begin formal cohabitation and live together in the Australian Capital Territory in a de facto relationship as defined in the Domestic Relationships Act 1994 and have decided that they wish to keep some of their current property (Schedules 1 & 2) separate from the new relationship but also to ensure that any new acquisitions shall be owned jointly. The agreement provides that upon separation, jointly-owned assets will divided equally regardless of contribution.
After March 2009 the Family Court began acquiring jurisdiction over de facto relationships, so the Agreement also calls itself a "Part VIIIAB financial agreement" under the Family Law Act.
Note that it needs a solicitor's certificate (annexures A and B) in order to be finally binding. (L-2010PreNup BFA de facto equal)
ACT - Domestic Relationship Agreement -gayguys
New. An agreement between two gay guys who wish to begin formal cohabitation and live together in the Australian Capital Territory in a de facto relationship as defined in the Domestic Relationships Act 1994 and have decided that they wish to keep their current property separate from the new relationship, as a married couple would with a pre-nuptial agreement.
After March 2009 the Family Court began acquiring jurisdiction over de facto relationships, so the Agreement also calls itself a "Part VIIIAB financial agreement" under the Family Law Act.
Note that it needs a solicitor's certificate (annexures A and B) in order to be finally binding. (L-2023PreNup BFA homosexual)
ACT - Domestic Relationship Agreement -gayguys (now) contrib
New. A Domestic Relationship Agreement between two gay guys who wish to begin formal cohabitation and live together in the Australian Capital Territory in a de facto relationship as defined in the Domestic Relationships Act 1994 and have decided that they wish to keep some of their current property (Schedules 1 & 2) separate from the new relationship but also to ensure that other listed assets (Schedule 3) are to be considered as jointly owned and that, from now on, any further acquisitions shall be owned jointly. The agreement provides that upon separation, jointly-owned assets will divided on the basis of contribution.
After March 2009 the Family Court began acquiring jurisdiction over de facto relationships, so the Agreement also calls itself a "Part VIIIAB financial agreement" under the Family Law Act.
Note that it needs a solicitor's certificate (annexures A and B) in order to be finally binding. (L-2035PreNup BFA contrib.doc)
ACT - Domestic Relationship Agreement -gayguys (now) equal
New. An agreement between two gay guys who wish to begin formal cohabitation and live together in the Australian Capital Territory in a de facto relationship as defined in the Domestic Relationships Act 1994 and have decided that they wish to keep some of their current property (Schedules 1 & 2) separate from the new relationship but also to ensure that any new acquisitions shall be owned jointly. The agreement provides that upon separation, jointly-owned assets will divided equally regardless of contribution.
After March 2009 the Family Court began acquiring jurisdiction over de facto relationships, so the Agreement also calls itself a "Part VIIIAB financial agreement" under the Family Law Act.
Note that it needs a solicitor's certificate (annexures A and B) in order to be finally binding. (L-2038PreNup BFA homosexual equal)
ACT - Domestic Relationship Agreement -lesbian
New. An agreement between two women who wish to begin formal cohabitation and live together in the Australian Capital Territory in a de facto relationship as defined in the Domestic Relationships Act 1994 and have decided that they wish to keep their current property separate from the new relationship, as a married couple would with a pre-nuptial agreement.
After March 2009 the Family Court began acquiring jurisdiction over de facto relationships, so the Agreement also calls itself a "Part VIIIAB financial agreement" under the Family Law Act.
Note that it needs a solicitor's certificate (annexures A and B) in order to be finally binding. (L-2022PreNup BFA lesbian)
ACT - Domestic Relationship Agreement -lesbian (now) contrib
New. A Domestic Relationship Agreement between two women who wish to begin formal cohabitation and live together in the Australian Capital Territory in a de facto relationship as defined in the Domestic Relationships Act 1994 and have decided that they wish to keep some of their current property (Schedules 1 & 2) separate from the new relationship but also to ensure that other listed assets (Schedule 3) are to be considered as jointly owned and that, from now on, any further acquisitions shall be owned jointly. The agreement provides that upon separation, jointly-owned assets will divided on the basis of contribution.
After March 2009 the Family Court began acquiring jurisdiction over de facto relationships, so the Agreement also calls itself a "Part VIIIAB financial agreement" under the Family Law Act.
Note that it needs a solicitor's certificate (annexures A and B) in order to be finally binding. (L-2033PreNup BFA contrib)
ACT - Domestic Relationship Agreement -lesbian (now) equal
New. An agreement between two women who wish to begin formal cohabitation and live together in the Australian Capital Territory in a de facto relationship as defined in the Domestic Relationships Act 1994 and have decided that they wish to keep some of their current property (Schedules 1 & 2) separate from the new relationship but also to ensure that any new acquisitions shall be owned jointly. The agreement provides that upon separation, jointly-owned assets will divided equally regardless of contribution.
After March 2009 the Family Court began acquiring jurisdiction over de facto relationships, so the Agreement also calls itself a "Part VIIIAB financial agreement" under the Family Law Act.
Note that it needs a solicitor's certificate (annexures A and B) in order to be finally binding. (L-2009PreNup BFA lesbian equal)
ACT - Enduring Power of Attorney (Full)
The Enduring Power of Attorney as declared in the Australian Capital Territory under the Powers of Attorney Act 1956, section 12. This is prepared in questionnaire format, useful if you wish to complete it on the screen before printing out and signing. This particular example is the enduring power of attorney in its full format, useful for explaining and limiting powers regarding personal matters and medical treatment. To find out more about Power of Attorney, or for a copy of Form 2 see The Act. Australian (ACT state) legal agreement. (L-0036) K
ACT - Enduring Power of Attorney (Simple)
The Enduring Power of Attorney as declared in the Australian Capital Territory under the Powers of Attorney Act 1956, section 12. This is prepared in questionnaire format, useful if you wish to complete it on the screen before printing out and signing. This particular example is the enduring power of attorney in its simplest format. To find out more about Power of Attorney, or for a copy of Form 2 see The Act. Australian (ACT state) legal agreement. (L-0035) K
ACT - Living Will
A Living Will in the form of an enduring power of attorney as declared in the Australian Capital Territory under the Powers of Attorney Act 1956, section 12, only related to health and well being in the event of incapacitation (what the Americans call a "living will"). It appoints attorneys and explains and limits powers regarding personal matters and medical treatment. (P-2002) K
ACT - Loan - non-shareholder to company (over 10 years)
This loan agreement in the Australian Capital Territory is for a new loan by a non-shareholder to the company for a period exceeding ten years, which sets up a floating charge over property of the company. It uses the moving average interest rate to remove all equity considerations. Australian legal agreement with 3 Appendices. (L-3076) K
ACT - Loan - non-shareholder to company (under 10 years)
This loan agreement is for a new loan by a non-shareholder to the company in the Australian Capital Territory for a period not exceeding ten years, which sets up a floating charge over property of the company. Australian legal agreement with 3 Appendices. (L-3050) K
ACT - Loan - non-shareholder to company (under 10 years) DEB
Registerable instrument. This loan agreement in the Australian Capital Territory is for a new loan by a non-shareholder to the company for a period not exceeding ten years. It sets up a floating charge over the property of the company and restricts subsequent loans. The terms and conditions of the loan are established by resolution of the Board and by this instrument and a Debenture Certificate is issued. The debenture is registered with ASIC within 45 days of this instrument. This agreement contains 3 appendices and an example Debenture Certificate. (L-3230) K
ACT - Loan - person to person
This loan agreement in the Australian Capital Territory is for a new loan by a person to another person (personal loan). Australian legal agreement with Appendices. (L-3057) K
ACT - Loan - person to person (Appendices) with caveat
This loan agreement in the Australian Capital Territory is for a new loan by a person to another person (personal loan). It contains three sample appendices, a simple amortization schedule, a detail of purpose and an assets schedule for a floating charge. It grants to the lender the right to lodge a caveat. (L-3169)
ACT - Loan - shareholder to company (over 10 years)
This loan agreement in the Australian Capital Territory is for a new loan by a shareholder to the company for a period exceeding ten years. It sets up a floating charge over the property of the company. It uses the moving average interest rate to ensure that equity cannot be seen to accumulate throughout the life of the loan and declarations as to purpose and relationship between the company and the lender to ensure that the loan is to be considered debt not equity under Division 974 of the Income Tax Assessment Act 1997. Australian legal agreement. (L-3075) K
ACT - Loan - shareholder to company (under 10 years)
This loan agreement in the Australian Capital Territory is for a new loan by a shareholder to the company for a period not exceeding ten years (debt not equity under Division 974 of the Income Tax Assessment Act 1997). It sets up a floating charge over the property of the company. Australian legal agreement. (L-3063) K
ACT - Loan - shareholder to company (under 10 years) DEB
Registerable instrument. This loan agreement in the Australian Capital Territory is for a new loan by a shareholder to the company for a period not exceeding ten years. It sets up a floating charge over the property of the company and restricts subsequent loans. The terms and conditions of the loan are established by resolution of the Board and by this instrument and a Debenture Certificate is issued. The debenture is registered with ASIC within 45 days of this instrument. This agreement contains 3 appendices and an example Debenture Certificate. (L-3247) K
ACT - Outsourced Manufacturing Agreement
Outsourcing manufacturing processes. An agreement between a company and a contractor in the Australian Capital Territory for an outsourced manufacturing process where the product is supplied by the company, worked on by the contractor and then delivered back to the company. It contains commitments to schedules, times and pricing, and talks about performance targets, responsibility for loss in delivery, indemnities for quality and warranties of final product. (L-3206)
ACT - Partnership Startup Kit
Partnership. The documents you need to get the partnership under way in the Australian Capital Territory (ACT). Includes: (a) Detailed business plan; (b) Simple Heads of Partnership Agreement (50 questions); (c) Partnership agreement (equality) under Partnership Act 1963; (d) Statutory declaration; (e) Contract of employment (common law); (f) Job description; (g) Client/Contractor agreement. (L-9014) K
ACT - Power of Attorney (General)
The Power of Attorney as declared in the Australian Capital Territory under the Powers of Attorney Act 1956, section 3AA. This is prepared in questionnaire format, useful if you wish to complete it on the screen before printing out and signing. To find out more about Power of Attorney, or for a copy of Form 1 see The Act. (L-0032) K
ACT - Repairs without notice - request for contribution
A notice to a neighbour that, because urgent repairs were needed of an existing dividing fence defining a common boundary in the Australian Capital Territory, they were conducted without notice and now a request under Common Boundaries Act 1981 to a neighbour to pay his/her share. (L-4032) (L-4032) K
ACT - Request to neighbour to clear to 6m to fenceline
A request for a neighbour to clear to 6m of existing dividing fence defining a common boundary in the Australian Capital Territory of flammable materials or be liable for any damages to the fence under Common Boundaries Act 1981. (L-4033) K
ACT - Request to neighbour to repair for failure to clear
A request for a neighbour to repair a fence defining a common boundary in the Australian Capital Territory destroyed by fire caused by failure to clear flammable materials and required under Common Boundaries Act 1981. (L-4034) K
ACT - Service Agreement (hardware & software)
An on-site service agreement between a service provider and a customer for the comprehensive service of a computer system or a network in the Australian Capital Territory, consisting of both hardware and software, in return for an annual service fee. This is a "best effort" agreement which relies upon the goodwill of both the service provider and the customer to do the best by each other, and therefore does not contain the strong concepts such as "measure of performance" and "minimum performance levels" and "maximum down time" etc. that you expect to find in the more exacting service level agreement. Australian legal agreement. (F-3012) K
ACT - Service Level Agreement (IT)
The purpose of this SLA (prepared for a provider of IT services to clients with major servers and large networks and executed in the Australian Capital Territory) is to formalise instructions to the service provider to deliver agreed support services at specific levels of support and at an agreed cost to the client. In order to do that, the agreement must describe clearly the system being supported (inclusions and exclusions), the type of support being provided, and the expected time frames. It must also clearly state how performance is to be evaluated and what will happen if performance is inadequate. It must state clearly what will happen upon the introduction of new elements into the system and upon the retirement of old elements. And it needs to clearly define the reporting process. This is a "living document" style agreement, which sets up two schedules for controlling changes to the agreement that will be documented by additional addenda during the year. It is a comprehensive agreement with 18 appendices for describing clearly the system and the services provided. Australian legal agreement. (F-3006) K
ACT - Software Licensing Agreement
A Software Licensing Agreement for the transfer under licence of intellectual property in the form of software and related documentation in the Australian Capital Territory developed for the Licensor with awareness of Commonwealth Copyright laws and the Trade Practices Act, 1974 (Cth). It includes an agreement for signing by the Licensee and the Licensor, a non-transferable, non-exclusive software licence and a warranty limited as far as possible and to 90 days. (F-3023) K
ACT - Software Licensing Agreement (Implied)
An implied Software Licensing Agreement (declarative format) for the transfer under licence of intellectual property in the form of software and related documentation in the Australian Capital Territory developed for the Licensor with awareness of Commonwealth Copyright laws and the Trade Practices Act, 1974 (Cth). This form of agreement is designed to be included in a software package sold retail. It declares all terms of the agreement including a non-transferable, non-exclusive software licence and a warranty limited as far as possible and to 90 days. (F-3024) K
ACT - Termination Agreement -de facto
New. This termination agreement (also referred to as a separation agreement), in plain text, is a simple binding financial agreement between de facto persons who have lived together under a domestic relationship as defined in the Domestic Relationships Act 1994 (no kids) who have separated and ceased cohabitation in the Australian Capital Territory and want to finally divide property without Local or Supreme Court (or Family Court) orders. It includes Schedules (1, 2, 3 and 4) for listing and dividing property between the parties. Note that it needs a solicitor's certificate (Annexures A and B) in order to be finally binding.
Since March 2009 the Family Court has been acquiring jurisdiction over the property of de facto relationships. That is why the Agreement also describes itself as a "Part VIIIAB Financial Agreement under the Family Law Act". (co-habitation) Australian legal agreement. (L-2024PostNup de facto)
ACT - Termination agreement -gay guys
New. This termination agreement (also referred to as a separation agreement), in plain text, is a simple binding financial agreement between homosexual persons who have lived together under a domestic relationship as defined in the Domestic Relationships Act 1994 (no kids) who have separated and ceased cohabitation in the Australian Capital Territory and want to finally divide property without Local or Supreme Court (or Family Court) orders. It includes Schedules (1, 2, 3 and 4) for listing and dividing property between the parties. Note that it needs a solicitor's certificate (Annexures A and B) in order to be finally binding.
Since March 2009 the Family Court has been acquiring jurisdiction over the property of de facto relationships. That is why the Agreement also describes itself as a "Part VIIIAB Financial Agreement under the Family Law Act". (co-habitation) Australian legal agreement. (L-2026PostNup gay guys)
ACT - Termination agreement -lesbian
New. This termination agreement (also referred to as a separation agreement), in plain text, is a simple binding financial agreement between lesbian persons who have lived together under a domestic relationship as defined in the Domestic Relationships Act 1994 (no kids) who have separated and ceased cohabitation in the Australian Capital Territory and want to finally divide property without Local or Supreme Court (or Family Court) orders. It includes Schedules (1, 2, 3 and 4) for listing and dividing property between the parties. Note that it needs a solicitor's certificate (Annexures A and B) in order to be finally binding.
Since March 2009 the Family Court has been acquiring jurisdiction over the property of de facto relationships. That is why the Agreement also describes itself as a "Part VIIIAB Financial Agreement under the Family Law Act". (co-habitation) Australian legal agreement. (L-2025PostNup lesbian)
ACT - Terms & Conditions of Sale (Manufactured Goods) -Buyer
The terms and conditions of sale of a manufactured product on sale under the Sale of Goods Act, 1954 in the Australian Capital Territory (ACT). These might be printed on the back of an invoice or a sales docket, for example. In these conditions, the ownership passes to the buyer when assigned to the Buyer in the warehouse. (M-4008)
ACT - Terms & Conditions of Sale (Manufactured Goods)-Seller
The terms and conditions of sale of a manufactured product on sale under the Sale of Goods Act, 1954 in the Australian Capital Territory (ACT). These might be printed on the back of an invoice or a sales docket, for example. These terms contain a Romalpa clause that specifies that the goods remain the property of the seller until the seller has received full payment. (M-4007)
ACT - Website Terms & Conditions(P opt in) Sale of Goods Act
A legally binding declaration prepared in the Australian Capital Territory for the purposes of being made available to users of the website. The declaration indicates to the user their agreement to current terms and conditions that is implied by his/her use of the website. It speaks of copyright under Copyright Act 1968 (Cth) and seeks to limit warranties and dispell any expectation of rights implied by access to information on the website or by links to other websites. It links to a Privacy Act declaration for companies who have decided to opt in to the Privacy Act 1988 (Cth). These terms also contain Conditions of Sale for goods purchased on the website, E-commerce. These are terms and conditions of sale of a manufactured product on sale under the Sale of Goods Act, 1954 in the ACT. As these are purchased by charge to a credit card, these are like the Romalpa clause that specifies that the goods become the property of the buyer only after the seller has accepted the buyer's offer and the seller has received full payment. They speak of delivery, quality, faulty goods notification & return, etc. (C-5080)
ANY - Agency Agreement - Event Mgr represents the principal
An agency agreement, any State, giving the Event Manager the right to represent and act on behalf of the Principal in the ordering of goods, services, venues, etc. and enter into supply contracts for the staging of an event. In this example, the principal is a company and the agent is a sole trader. The Principal agrees to a budget, opens a bank account and indemnifies the Agent for any "Act of God" (or force majeure). (M-4038)
ANY - Agency Agreement - debt collector
An agency agreement (deed), any State, giving the Debt Collector the right to represent and act on behalf of the Principal in collecting specific debts assigned exclusively to the debt collector during the term of this agreement. In this example, the principal is a company and the agent is a sole trader. The agreement sets up a bank account for the purpose of settlement and agrees on current best practice. (M-4049) K
ANY - Agreement to supply Principal/Casual Order Coy2Coy
Formal contract agreeing the conditions of a principal order to supply a given number of units of product(s) at fixed price within a fixed period and setting the delivery and invoicing and settlement for the principal order. The main purpose of this agreement is to guarantee supply of a given quantity at an agreed price over a given period. It also contains rules for any casual sale agreed within this period and agrees on the price list for casual sales. Seller = ownership passes to the buyer after settlement (also known as the Romalpa clause). Company to company. Any State. (M-4096)
ANY - Agreement to supply Single Order over term Coy2Coy
Formal contract agreeing the conditions of a single order to supply a given number of units of product(s) at fixed price within a fixed period and setting the delivery process and invoicing and settlement for the order. The main purpose of this agreement is to guarantee supply of a given quantity at an agreed price over a given period. The sale is simple, the requirements are well known, the supply can be guaranteed, there are no other products or price lists to complicate the relationship. Seller = ownership passes to the buyer after settlement (also known as the Romalpa clause). Company to company. Any State. (M-4097)
ANY - Agreement to supply under conditions for term Co2Part
Formal contract agreeing the conditions of any sale agreed within a fixed period. Company to partnership. Any State. The main purpose of this agreement is to fix the price list for the period. It also agrees on ordering process, invoicing, settlement, etc. Seller = ownership passes to the buyer after settlement (also known as the Romalpa clause). (M-4095)
ANY - Agreement to supply under conditions for term Coy2Coy
Formal contract agreeing the conditions of any sale agreed within a fixed period. Company to company. Any State. The main purpose of this agreement is to fix the price list for the period. It also agrees on ordering process, invoicing, settlement, etc. Seller = ownership passes to the buyer after settlement (also known as the Romalpa clause). (M-4094)
ANY - Agreement to supply under conditions for termSole2Sole
Formal contract agreeing the conditions of any sale agreed within a fixed period. Sole trader to sole trader. Any State. The main purpose of this agreement is to fix the price list for the period. It also agrees on ordering process, invoicing, settlement, etc. Seller = ownership passes to the buyer after settlement (also known as the Romalpa clause). (M-4093)
ANY - BFA (Before Marriage) (PRE-NUPTIAL)
This document -- Binding Financial Agreement (BFA), sometimes called a pre-nuptial agreement -- is designed for a couple who intend to marry, and who intend that at all times after marriage, each of them shall retain the property that they now own or acquire in their own individual names, and that all hereafter jointly-owned property shall be divided by agreement or in the proportion that they respectively contribute to the acquisition of that property. (L-2008BFAbefore)
ANY - BFA Pre-nuptial agreement ACT
This pre-nuptial agreement, in plain text, is a financial agreement for the purposes of the Family Law Act 1975 between soon-to-be-married persons who live in the Australian Capital Territory and have decided that they wish to keep their current property separate from the marriage without Family Court orders. It includes annexures (1 and 2) for listing property owned at the time of the agreement by each of the parties. Note that it needs a solicitor's certificate (annexures 3 and 4) in order to be finally binding. (pre nuptial, prenuptial). Australian (ACT state) legal agreement. (L-2008)
ANY - BFA Pre-nuptial agreement NT
This pre-nuptial agreement, in plain text, is a financial agreement for the purposes of the Family Law Act 1975 between soon-to-be-married persons who live in the Northern Territory and have decided that they wish to keep their current property separate from the marriage without Family Court orders. It includes annexures (1 and 2) for listing property owned at the time of the agreement by each of the parties. Note that it needs a solicitor's certificate (annexures 3 and 4) in order to be finally binding. (pre nuptial, prenuptial). Australian legal agreement. (L-2002)
ANY - BFA Pre-nuptial agreement QLD
This pre-nuptial agreement, in plain text, is a financial agreement for the purposes of the Family Law Act 1975 between soon-to-be-married persons who live in the State of Queensland and have decided that they wish to keep their current property separate from the marriage without Family Court orders. It includes annexures (1 and 2) for listing property owned at the time of the agreement by each of the parties. Note that it needs a solicitor's certificate (annexures 3 and 4) in order to be finally binding. (pre nuptial, prenuptial). Australian legal agreement. (L-2003)
ANY - BFA Pre-nuptial agreement SA
This pre-nuptial agreement, in plain text, is a financial agreement for the purposes of the Family Law Act 1975 between soon-to-be-married persons who live in the State of South Australia and have decided that they wish to keep their current property separate from the marriage without Family Court orders. It includes annexures (1 and 2) for listing property owned at the time of the agreement by each of the parties. Note that it needs a solicitor's certificate (annexures 3 and 4) in order to be finally binding. (pre nuptial, prenuptial). Australian legal agreement. (L-2005)
ANY - BFA Pre-nuptial agreement Tas.
This pre-nuptial agreement, in plain text, is a financial agreement for the purposes of the Family Law Act 1975 between soon-to-be-married persons who live in the State of Tasmania and have decided that they wish to keep their current property separate from the marriage without Family Court orders. It includes annexures (1 and 2) for listing property owned at the time of the agreement by each of the parties. Note that it needs a solicitor's certificate (annexures 3 and 4) in order to be finally binding. (pre nuptial, prenuptial). Australian legal agreement. (L-2007)
ANY - BFA Pre-nuptial agreement Vic.
This pre-nuptial agreement, in plain text, is a financial agreement for the purposes of the Family Law Act 1975 between soon-to-be-married persons who live in the State of Victoria and have decided that they wish to keep their current property separate from the marriage without Family Court orders. It includes annexures (1 and 2) for listing property owned at the time of the agreement by each of the parties. Note that it needs a solicitor's certificate (annexures 3 and 4) in order to be finally binding. (pre nuptial, prenuptial). Australian legal agreement. (L-2004)
ANY - BFA Pre-nuptial agreement WA
This pre-nuptial agreement, in plain text, is a financial agreement for the purposes of the Family Law Act 1975 between soon-to-be-married persons who live in the State of Western Australia and have decided that they wish to keep their current property separate from the marriage without Family Court orders. It includes annexures (1 and 2) for listing property owned at the time of the agreement by each of the parties. Note that it needs a solicitor's certificate (annexures 3 and 4) in order to be finally binding. (pre nuptial, prenuptial). Australian legal agreement. (L-2006)
ANY - Briefing document - SLA Contract with KPI
This service level agreement (SLA) in the form of a briefing document to be provided to and signed off by the contractor accompanies the basic service contract and exists to spell out the service levels agreed by the contractor, target levels of service in the form of KPI (key performance indicators) and the requirements on the contractor if targets are not met. It includes other arrangements for the proper performance under contract, including access, security and so on. It can be accompanied by other "need to know" for proper performance, such as history of organisation, history of work performed to date, failures of others in the past that should not be repeated, etc. (T-1043)
ANY - Building Agreement (Company & Person)
This is a simple agreement (deed) between residents/homeowners of the premises and a builder, where builder is a company. Any State. (Well, almost ... You can use this one in NSW, Vic., SA, WA, NT and ACT. For QLD see L-3347 for Tas. see L-3348). Australian legal agreement. (L-3219)
ANY - Circulating Resolutions Kit
A useful kit made up of twenty-one key documents required when running the company using the circulating resolutions method allowed under the Corporations Act 2001. Australian company records, notices. (C-0056)
ANY - Company - Consent to Act & Resignation - Secretary
A form containing consent to act and declarations regarding qualification to act as secretary; to be filled out by a secretary before appointment. Australian company record required under the Corporations Act, 2001. (C-0058) K
ANY - Company - Consent to use premises as Registered Office
A consent that needs to be signed by the legal occupier to allow a company that does not occupy the premises to use the premises as the address of its registered office. ASIC many require the company to produce this consent. Includes opening hours, prominent display and changes to opening hours. Australian company record required under s.143 of the Corporations Act, 2001. (C-0057) K
ANY - Company Agenda for Annual General Meeting
Example of an agenda to be handed to Members and Invited Guests on the day of the Annual General Meeting (AGM) of a Proprietary Limited company. Shows some possibilities based on meetings of members under s.249 the Corporations Act 2001. (C-0001)
ANY - Company Agenda for Special General Meeting
Example of an agenda to be handed to Members on the day of the Special General Meeting (SGM). (Extraordinary General Meeting, EGM) for a Proprietary Limited company; includes some inclusions under s.249 of the Corporations Act 2001. (C-0002)
ANY - Company Code of Conduct - Secretary (Proprietary)
This code of conduct describes the minimum legal requirements placed upon the Company Secretary by the Directors of a proprietary limited company by their appointment of the secretary under the Corporations Act 2001 (as amended). It is a very legalistic document that mentions key requirements under the Act of the secretary as a special officer of the company with special legal duties and responsibilities. It does not attempt to discuss other matters related to the secretary as an employee of the company, but it could be amended to include such matters. It refers to only normal company operations and does not talk about the secretary's responsibilities under special conditions, such as change of type, administration, liquidation, etc. (H-3044) K
ANY - Company Code of Conduct - Secretary (Public)
This code of conduct describes the minimum legal requirements placed upon the Company Secretary by the Directors of a public company by their appointment of the secretary under the Corporations Act 2001 (as amended). It is a very legalistic document that mentions key requirements under the Act of the secretary as a special officer of the company with special legal duties and responsibilities. It does not attempt to discuss other matters related to the secretary as an employee of the company, but it could be amended to include such matters. It refers to only normal company operations and does not talk about the secretary's responsibilities under special conditions, such as change of type, administration, liquidation, etc. (H-3045) K
ANY - Company Common Seal Register
This register records each use of the common seal. Each use of the common seal needs to be approved by the board of directors at the board meeting directly following the use of the seal. Australian company record required under the Corporations Act 2001. (C-0004) K
ANY - Company Consent to Act & Resignation - Director
A form containing consent to act and declarations regarding qualification to act as director; to be filled out by a director before appointment. Australian company record required under the Corporations Act, 2001. (C-0003) K
ANY - Company Delegation of powers by Issuer for RFT
Instrument of delegation by the Issuer's Board of Directors under s.198D of the Corporations Act giving a key manager (in this example the IT Manager) the power to authorise the RFT and associated documents, to sign contracts, to order supply, and authorise payments on a particular tender-based project (such as a large software development project) on behalf of the Board. Execute this instrument of delegation prior to "going out to tender" (issuing the RFT). Thereafter the "Issuer" will be considered to be the delegated authority by all Tenderers, without having to worry the Board. Australian corporate law. (T-1009) K
ANY - Company Minutes - 1st Directors' Meeting
The minutes of the first meeting of the directors appointing some temporary directors and temporary office and doing some routine things. This often happens when a decision is taken to set up a new company but before any plans have been agreed upon. Australian company record required under the Corporations Act, 2001. (C-0021)
ANY - Company Minutes - 2nd Directors' Meeting
This meeting is the one (usually) that sets up the actual directors and the actual registered office and the actual company secretary, after plans have been made and we know what we are doing. Australian company record required under the Corporations Act, 2001. (C-0022) K
ANY - Company Proxy
A proxy form for use at a Special General Meeting or an Annual General Meeting of a company. This proxy can be used to empower another person to represent a Member and vote for the Member generally or with restrictions. It explains how to ensure that the proxy is valid. (C-0011) K
ANY - Company Replaceable Rules
Free. A copy of the replaceable rules (provided by ASIC) allowed for under the Corporations Act 2001 set up in a document that can be given to the members upon request. This needs to be kept up to date as the rules will change from time to time.
The document contains an introduction describing the use of replaceable rules, the address at ASIC, and the summary rules provided by ASIC at that address. Members should be warned that they must read the Corporations Act 2001 to be fully advised of the replaceable rules. (C-1023) K
ANY - Confidentiality agreement - *Generic 1-way
New. Any State. (Well almost, its good for NSW, Vic., SA, WA, NT and ACT. For QLD see L-3304 for Tas. see L-3305. -Ed) This is a formal confidentiality agreement (or non-disclosure agreement) used in the commercial world when it needs to be made absolutely clear that any disclosure of the information now to be revealed in the course of the continuing relationship is likely to be dealt with with the full force of the law. Useful for information conveyed to a partner or a joint venture partner or a consultant to allow a professional relationship, such as trade secrets, designs, inventions, marketing plans, financial details of the project or the company. This is a generic format between a "Disclosing Party" and a "Recipient Party" and either party can be a person, a sole trader, a partnership or a company or an assigned authority for a company under Instrument of Delegation. Australian legal agreement (any State). non disclosure agreement (NDA) (L-3275)
ANY - Confidentiality agreement - *Generic 2-way
New. Any State. (Well almost; its good for NSW, Vic., SA, WA, NT and ACT. For QLD see L-3306; for Tas. see L-3307 - Ed.) This is a formal confidentiality agreement (or non-disclosure agreement) used in the commercial world when it needs to be made absolutely clear that any disclosure of the information now to be revealed in the course of the continuing relationship is likely to be dealt with with the full force of the law. Useful for information conveyed to a partner or a joint venture partner or a consultant to allow a professional relationship, such as trade secrets, designs, inventions, marketing plans, financial details of the project or the company. This is a generic format between two parties ("Party A" and "Party B") who are each giving information to the other and either party can be a person, a sole trader, a partnership or a company or an assigned authority for a company under Instrument of Delegation. Australian legal agreement (any State). (L-3274) non disclosure agreement (NDA)
ANY - Confidentiality agreement - Coy & Coy 2-way
New. Any State. Good for NSW, Vic., SA, WA, NT and ACT. For QLD see L-3308 for Tas. see L-3309. A confidentiality agreement (or non-disclosure agreement) (deed format) where the disclosure is two way, between company and company (such as two joint venture players both inputting special information, intellectual property or trade secrets into the joint venture). Australian legal agreement (any State). (L-3212) non disclosure agreement (NDA)
ANY - Confidentiality agreement - Coy & P'ship 2-way
New. Deed. Any State. Good for NSW, Vic., SA, WA, NT and ACT. For QLD see L-???? for Tas. see L-????. A confidentiality agreement (or non-disclosure agreement) (deed format) where the disclosure is two way, between a company and a partnership (such as two joint venture players both inputting special information, intellectual property or trade secrets into the joint venture). Australian legal agreement (any State). (L-3215) non disclosure agreement (NDA)
ANY - Confidentiality agreement - Coy & SoleT 2-way
New. Any State. Good for NSW, Vic., SA, WA, NT and ACT. For QLD see L-???? for Tas. see L-????. A confidentiality agreement (or non-disclosure agreement) (deed format) where the disclosure is two way, between a company and a sole trader (such as two joint venture players both inputting special information, intellectual property or trade secrets into the joint venture). Australian legal agreement (any State). (L-3216) non disclosure agreement (NDA)
ANY - Confidentiality agreement - Coy to Coy 1-way
New. Any State. Good for NSW, Vic., SA, WA, NT and ACT. For QLD see L-3310 for Tas. see L-3311. A confidentiality agreement (or non-disclosure agreement) (deed format) where the disclosure is one way, from company to another company (such as a joint venture player, or project player or a consultant). Australian legal agreement (any State). (L-3211) non disclosure agreement (NDA)
ANY - Confidentiality agreement - Coy to Coy 1-way EXAMPLE
A product designer/inventor is handing over the design, drawings and engineer's report to a product developer for a review and report with a view to developing the product to mutual benefit. This download is offered as an example at the request of a number of product designers to help them word their own agreement. This will have nothing to do with your product but it might help you refer to your own product. Deed. (L-3328) non disclosure agreement (NDA)
ANY - Confidentiality agreement - Coy to P'ship 1-way
New. Any State. Good for NSW, Vic., SA, WA, NT and ACT. For QLD see L-???? for Tas. see L-????. A confidentiality agreement (or non-disclosure agreement) (deed format) where the disclosure is one way, from a company to a partnership (such as a joint venture player, or project player or a consultant). Australian legal agreement (any State). (L-3214) non disclosure agreement (NDA)
ANY - Confidentiality agreement - Coy to Person 1-way
New. Any State. Good for NSW, Vic., SA, WA, NT and ACT. For QLD see L-3312; for Tas. see L-3313. A confidentiality agreement (or non-disclosure agreement) (deed format) where the disclosure is one way, from company to a person (such as a project player or a consultant). Australian legal agreement (any State). (L-3025) non disclosure agreement (NDA)
ANY - Confidentiality agreement - Person to Coy 1-way
New. Any State. Well, almost ... Good for NSW, Vic., SA, WA, NT and ACT. For QLD see L-3329; for Tas. see L-3330. A confidentiality agreement (or non-disclosure agreement) (deed format) where the disclosure is one way, from a special player (such as a designer, inventor or professional consultant) providing special information, intellectual property or trade secrets to a company. Australian legal agreement. (L-3213) non disclosure agreement (NDA)
ANY - Confidentiality agreement - SoleT to Person 1-way
Deed. Any State. (Well, almost ... You can use this one in NSW, Vic., SA, WA, NT and ACT. For QLD see L-3323 for Tas. see L-3324.) A confidentiality agreement (or non-disclosure agreement) (deed format) where the disclosure is one way, from a sole trader to a person (such as a project player or a consultant). It might also be useful where a sole trader business is looking to expand the business by involving another entrepreneur with a view to setting up a partnership or company and wants to let the person have some trade or business secrets. Australian legal agreement (any State). (L-3273) non disclosure agreement (NDA)
ANY - Consent to Act - Director (previous disqualification)
A form containing consent to act and declarations regarding qualification to act as director by someone who has previously been disqualified; to be filled out before appointment. Australian company record required under the Corporations Act, 2001. (C-0060) K
ANY - Consent to Act - Secretary (previous disqualification)
A form containing consent to act and declarations regarding qualification to act as secretary by someone who has previously been disqualified; to be filled out before appointment. Australian company record required under the Corporations Act, 2001. (C-0059)
ANY - Contract (Simple)-Company & Company-WITHTEXT
Any State. Standard agreement (simple contract) between a company and a company with substantive text including basic elements of any contract, standard contract definitions, interpretations, declarations, disclaimers, and commitments, etc. (L-9939) K
ANY - Contract (Simple)-Company & Partnership-WITHTEXT
Any State. Standard agreement (simple contract) between a company and a partnership with substantive text including basic elements of any contract, standard contract definitions, interpretations, declarations, disclaimers, and commitments, etc. Australian legal agreement. (L-9940) K
ANY - Contract (Simple)-Company & Person-WITHTEXT
Any State. Standard agreement (simple contract) between a company and a person with substantive text including basic elements of any contract, standard contract definitions, interpretations, declarations, disclaimers, and commitments, etc. Australian legal agreement. (L-9942) K
ANY - Contract (Simple)-Company & SoleTrader-WITHTEXT
Any State. Standard agreement (simple contract) between a company and a sole proprietor with substantive text including basic elements of any contract, standard contract definitions, interpretations, declarations, disclaimers, and commitments, etc. Australian legal agreement. (L-9941) K
ANY - Contract (Simple)-Partnership & Partnership-WITHTEXT
Any State. Simple loan agreement between a partnership and a partnership with substantive text including basic elements of any contract, standard contract definitions, interpretations, declarations, disclaimers, and commitments, etc. Australian legal agreement. (L-9943) K
ANY - Contract (Simple)-Partnership & Person-WITHTEXT
Any State. Simple loan agreement between a partnership and a person with substantive text including basic elements of any contract, standard contract definitions, interpretations, declarations, disclaimers, and commitments, etc. Australian legal agreement. (L-9944) K
ANY - Contract (Simple)-Partnership & Sole Trader-WITHTEXT
Any State. Simple loan agreement between a partnership and a sole proprietor with substantive text including basic elements of any contract, standard contract definitions, interpretations, declarations, disclaimers, and commitments, etc. Australian legal agreement. (L-9945) K
ANY - Contract (Simple)-Person & Person-WITHTEXT
Any State. Simple loan agreement between a person and another person with substantive text including basic elements of any contract, standard contract definitions, interpretations, declarations, disclaimers, and commitments, etc. Australian legal agreement. (L-9946) K
ANY - Contract (Simple)-Sole Trader & Person-WITHTEXT
Any State. Simple loan agreement between a sole proprietor and a person with substantive text including basic elements of any contract, standard contract definitions, interpretations, declarations, disclaimers, and commitments, etc. Australian legal agreement. (L-9947) K
ANY - Contract - hourly rate + up front fee - any job
This Service Contract is for a contractor who works on a particular project to be completed by a given time (the 'term') and to be paid for a given number of hours within that term. It requires an initial payment to get the job under way and has a 'backout clause' which allows the Client to cancel within x days (the 'cancellation period'), but, after this date, both sides are committed to completing the job as agreed. For small jobs 100% is required up front. The contract makes specific reference only to federal law and therefore can be used in any State. This includes reference to A New Tax System (Goods and Services Tax) Act 1999 (Cth), Acts Interpretation Act 1901 (Cth), Privacy Act 1988 (Cth), the Uniform Consumer Credit Code, Trade Practices Act 1974 (Cth) and Financial Transaction Reports Act 1988 (Cth). (L-3148)
ANY - Contract - management consultant-hourly rate upfront+b
This Service Contract is for a management consultant to work on a major management planning or decision making project to be completed by a given time (the 'term') and to be paid for a given number of hours within that term. The contract requires an initial payment to get the job under way and has a 'backout clause' which allows the Client to cancel within 30 days, but, after this date, both sides are committed to completing the job as agreed. For small jobs 100% is required up front. The contract describes what management consultancy is, but, as management consultancy covers a myriad of possible decisions, you need to analyse the project in Schedule B which leads to all the other elements needed to set up the contract. There is specific reference only to federal law and therefore can be used in any State. This includes reference to A New Tax System (Goods and Services Tax) Act 1999 (Cth), Acts Interpretation Act 1901 (Cth), Privacy Act 1988 (Cth), the Uniform Consumer Credit Code, Trade Practices Act 1974 (Cth) and Financial Transaction Reports Act 1988 (Cth). (L-3157)
ANY - Contract - publication ghost - hourly rate upfront+b
This Service Contract is for a contractor to work on a project for planning, writing, editing and publishing a major document to be completed by a given time (the 'term') and to be paid for a given number of hours within that term. The contract requires an initial payment to get the job under way and has a 'backout clause' which allows the Client to cancel within 30 days, but, after this date, both sides are committed to completing the job as agreed. For small jobs 100% is required up front. This is a "ghost writer" contract which means specific clauses related to the transfer of copyright and contains suggested appendices based on 7 stages of document life-cycle. There is specific reference only to federal law and therefore can be used in any State. This includes reference to A New Tax System (Goods and Services Tax) Act 1999 (Cth), Acts Interpretation Act 1901 (Cth), Privacy Act 1988 (Cth), the Uniform Consumer Credit Code, Trade Practices Act 1974 (Cth) and Financial Transaction Reports Act 1988 (Cth). (L-3151)
ANY - Contract - technical contractor -hourly rate upfront+b
This Service Contract is for a technical contractor (or technician) (or technical expert) to work on a project to be completed by a given time (the 'term') and to be paid for a given number of hours within that term. The contract requires an initial payment to get the job under way and has a 'backout clause' which allows the Client to cancel within seven days, but, after this date, both sides are committed to completing the job as agreed. The contract describes what technical contracting is, but, as technical contracting covers a myriad of possible international/national standards, local regulations and current best practices, licences and certificates, you need to analyse the project in Schedule B and certification requirements in Schedule E which leads to all the other elements needed to set up the contract. There is specific reference only to federal law and therefore can be used in any State. This includes reference to A New Tax System (Goods and Services Tax) Act 1999 (Cth), Acts Interpretation Act 1901 (Cth), Privacy Act 1988 (Cth), the Uniform Consumer Credit Code, Trade Practices Act 1974 (Cth) and Financial Transaction Reports Act 1988 (Cth). (L-3159)
ANY - Contract - website design - hourly rate upfront+b
This Service Contract is for a contractor to work on a website design project to be completed by a given time (the 'term') and to be paid for a given number of hours within that term. An initial payment is required to get the job under way and a 'backout clause' allows the Client to cancel within 30 days, but, after this date, both sides are committed to completing the job as agreed. For small jobs 100% is required up front. There are specific clauses related to website design, trademark and copyright and suggested appendices detailing the website design process. This contract makes specific reference only to federal law and therefore can be used in any State. This includes reference to A New Tax System (Goods and Services Tax) Act 1999 (Cth), Acts Interpretation Act 1901 (Cth), Privacy Act 1988 (Cth), the Uniform Consumer Credit Code, Trade Practices Act 1974 (Cth) and Financial Transaction Reports Act 1988 (Cth). (L-3149)
ANY - Contract - website design -hosting&additional services
This Service Contract is for a website design company that provides a complete service, including hosting the Client's website and additional services related to design and improving the Client's website and services. Additional Services are conducted under the Terms found in L-3154. The contract contains specific Terms of Engagement related to hosting and specific clauses related to website design, trademark and copyright and suggested appendices detail the web design process and what completion is intended at each settlement. There is specific reference only to federal law and therefore the contract can be used in any State. This includes reference to A New Tax System (Goods and Services Tax) Act 1999 (Cth), Acts Interpretation Act 1901 (Cth), Privacy Act 1988 (Cth), the Uniform Consumer Credit Code, Trade Practices Act 1974 (Cth) and Financial Transaction Reports Act 1988 (Cth). (L-3174)
ANY - Contract -landscape design -hourly rate upfrontbackout
This Service Contract is for a contractor to work on a landscape design to go to tender, assist in awarding the tender, and assist in project management; to be completed by a given time (the 'term') and to be paid a set fee for a given number of hours within that term. It requires an initial payment to get the job under way and has a 'backout clause' which allows the Client to cancel within 30 days, but, after this date, both sides are committed to completing the job as agreed. The contract contains specific clauses related to landscape design, including rights to own and dispose of the completed land without interest by the Contractor and copyright of the design documents and suggested appendices containing a simple 12 step project plan in 4 stages. There is specific reference only to federal law and therefore can be used in any State. This includes reference to A New Tax System (Goods and Services Tax) Act 1999 (Cth), Acts Interpretation Act 1901 (Cth), Privacy Act 1988 (Cth), the Uniform Consumer Credit Code, Trade Practices Act 1974 (Cth) and Financial Transaction Reports Act 1988 (Cth). (L-3152)
ANY - Contract -landscape design-upfront+% of tender+backout
This Service Contract is for a contractor to work on a landscape design to go to tender, assist in awarding the tender, and assist in project management; initial services to be completed by a given time (the 'initial term') and to be paid by a set fee, followed by a percentage of the final contract sum following award of tender, a percentage that changes depending upon the complexity and size of the resultant contract. This contract requires an initial payment to get the job under way and has a 'backout clause' which allows the Client to cancel within 30 days, but, after this date, both sides are committed to completing the job as agreed. The contract contains specific clauses related to landscape design, including rights to own and dispose of the completed land without interest by the Contractor and copyright of the design documents and suggested appendices containing a simple 12 step project plan in 5 stages, two of which vary according to the complexity of the project. This contract makes specific reference only to federal law and therefore can be used in any State. These references include reference to A New Tax System (Goods and Services Tax) Act 1999 (Cth), Acts Interpretation Act 1901 (Cth), Privacy Act 1988 (Cth), the Uniform Consumer Credit Code, Trade Practices Act 1974 (Cth) and Financial Transaction Reports Act 1988 (Cth). (L-3153) K
ANY - Contract -publication ghost-totalsum stages upfr+b
This Service Contract is for a contractor to work on a project for planning, writing, editing and publishing a major document to be completed ASAP. There is an 'intended term' but no penalties are incurred by either party for failure to meet the intended deadlines. After the end of the intended term either party may end the contract by providing notice. There is an 'absolute term' (which could be a year after the intended term but needs to be there in case of significant lack of progress) which causes a finalisation of this contract and a new contract (if desired by both parties). There is a contract sum and three settlements. An initial payment is required to get the job under way and a 'backout clause' allows the Client to cancel within 30 days, but, after this date, both sides are committed to completing the job as agreed. For small jobs 100% is required up front. This is a "ghost writer" contract which means specific clauses related to the transfer of copyright and contains suggested appendices based on 7 stages of document life-cycle. There is specific reference only to federal law and therefore can be used in any State. This includes reference to A New Tax System (Goods and Services Tax) Act 1999 (Cth), Acts Interpretation Act 1901 (Cth), Privacy Act 1988 (Cth), the Uniform Consumer Credit Code, Trade Practices Act 1974 (Cth) and Financial Transaction Reports Act 1988 (Cth). (L-3156)
ANY - Contract -website design -totalsum paidinstages upfr+b
This Service Contract is for a contractor to work on a website design project to be completed ASAP. There is an 'intended term' but no penalties are incurred by either party for failure to meet the intended deadlines. After the end of the intended term either party may end the contract by providing notice. There is an 'absolute term' (which could be a year after the intended term but needs to be there in case of significant lack of progress) which causes a finalisation of this contract and a new contract (if desired by both parties). There is a contract sum and three settlements. An initial payment is required to get the job under way and a 'backout clause' allows the Client to cancel within 30 days, but, after this date, both sides are committed to completing the job as agreed. For small jobs 100% is required up front. The contract contains specific clauses related to website design, trademark and copyright and suggested appendices detail the web design process and what completion is intended at each settlement. There is specific reference only to federal law and therefore the contract can be used in any State. This includes reference to A New Tax System (Goods and Services Tax) Act 1999 (Cth), Acts Interpretation Act 1901 (Cth), Privacy Act 1988 (Cth), the Uniform Consumer Credit Code, Trade Practices Act 1974 (Cth) and Financial Transaction Reports Act 1988 (Cth). (L-3154)
ANY - Contract -website hosting for thepurposeof performance
This Service Contract is for a contractor to host a website for the purposes of reporting on and improving website performance, paid by three types of annual fee, payable monthly. The contract contains specific clauses related to website design, trademark and copyright and suggested appendices related to performance and improving performance. This contract makes specific reference only to federal law and therefore can be used in any State. This includes reference to A New Tax System (Goods and Services Tax) Act 1999 (Cth), Acts Interpretation Act 1901 (Cth), Privacy Act 1988 (Cth), the Uniform Consumer Credit Code, Trade Practices Act 1974 (Cth) and Financial Transaction Reports Act 1988 (Cth). (L-3179) K
ANY - Contract Note (Form)
A simple contract note designed to record the delivery of a good or service under an existing contract. (L-3020)
ANY - Contract Variation
A simple contract variation form which creates a formal addendum to the contract thereby guaranteeing payment for all changes to contract agreed once the project is under way. It must be signed off by someone who has the authority to commit the client to a change of contract. (International legal document) (J-1012) K
ANY - Contract Variation Register
This is not a legal document but accompanies the Contract Variation agreement. A very simple document but very effective for keeping control over the cost of changes to the project. All changes after the project under contract is in progress are represented by separate legal agreements (called "Contract Variations") and the register controls the issue of contract variations. (International project control document) (J-1013) K
ANY - Contract-management cons -totalsum paidinstages upfr+b
This Service Contract is for a management consultant to work on a major management planning or decision making project to be completed ASAP. There is an 'intended term' but no penalties are incurred by either party for failure to meet the intended deadlines. After the end of the intended term either party may end the contract by providing notice. There is an 'absolute term' (which could be a year after the intended term but needs to be there in case of significant lack of progress) which causes a finalisation of this contract and a new contract (if desired by both parties). There is a contract sum and three settlements. An initial payment is required to get the job under way and a 'backout clause' allows the Client to cancel within 30 days, but, after this date, both sides are committed to completing the job as agreed. For small jobs 100% is required up front. The contract describes what management consultancy is, but, as management consultancy covers a myriad of possible decisions, you need to analyse the project in Schedule B which leads to all the other elements needed to set up the contract. There is specific reference only to federal law and therefore can be used in any State. This includes reference to A New Tax System (Goods and Services Tax) Act 1999 (Cth), Acts Interpretation Act 1901 (Cth), Privacy Act 1988 (Cth), the Uniform Consumer Credit Code, Trade Practices Act 1974 (Cth) and Financial Transaction Reports Act 1988 (Cth). (L-3158)
ANY - Contract-website perform-hourlyrate upfrontfee backout
This Service Contract is for a contractor to work on a project for improving website performance to be completed by a given time (the 'term') and to be paid for a given number of hours within that term. An initial payment is required to get the job under way and a 'backout clause' allows the Client to cancel within 30 days, but, after this date, both sides are committed to completing the job as agreed. For small jobs 100% is required up front. The contract contains specific clauses related to website design, trademark and copyright and suggested appendices related to performance and improving performance. This contract makes specific reference only to federal law and therefore can be used in any State. This includes reference to A New Tax System (Goods and Services Tax) Act 1999 (Cth), Acts Interpretation Act 1901 (Cth), Privacy Act 1988 (Cth), the Uniform Consumer Credit Code, Trade Practices Act 1974 (Cth) and Financial Transaction Reports Act 1988 (Cth). (L-3150) K
ANY - Contract-website perform-totalsum-paidinstages-upfr +b
This Service Contract is for a contractor to work on for improving website performance to be completed ASAP. There is an 'intended term' but no penalties are incurred by either party for failure to meet the intended deadlines. After the end of the intended term either party may end the contract by providing notice. There is an 'absolute term' (which could be a year after the intended term but needs to be there in case of significant lack of progress) which causes a finalisation of this contract and a new contract (if desired by both parties). There is a contract sum and three settlements. An initial payment is required to get the job under way and a 'backout clause' allows the Client to cancel within 30 days, but, after this date, both sides are committed to completing the job as agreed. For small jobs 100% is required up front. The contract contains specific clauses related to website design, trademark and copyright and suggested appendices related to performance and improving performance. The contract makes specific reference only to federal law and therefore can be used in any State. This includes reference to A New Tax System (Goods and Services Tax) Act 1999 (Cth), Acts Interpretation Act 1901 (Cth), Privacy Act 1988 (Cth), the Uniform Consumer Credit Code, Trade Practices Act 1974 (Cth) and Financial Transaction Reports Act 1988 (Cth). (L-3155)
ANY - Contractor - Letter of Appointment
Many management consultants are appointed by way of a letter of appointment that is written by their client, often a letter that they offer to the client for consideration and approval. This particular letter of appointment of a contractor is a formal legal contract in the form of a letter, outlining the conditions of engagement, such as delivery expectations and payment expectations, etc. (S-1000) K
ANY - DeFacto man - testamentary trust -wife, 1 child (wife)
A typical Australian (template) last will and testament for a man with a wife and one child. The marriage is de facto. The testator appoints his wife as sole executrix and trustee and establishes two testamentary trusts, one for his wife and one for his child and splits the funds by percentage. (P-3029)
ANY - Deed (Contract Under Seal) - *generic NO TEXT
Deed. Any State. (Well, almost ... You can use this one in NSW, Vic., SA, WA, NT and ACT. For QLD see L-9966 for Tas. see L-9967). This is a formal deed (contract under seal). This is a generic format between two parties ("Party A" and "Party B") and either party can be a person, a sole trader, a partnership or a company or an assigned authority for a company under Instrument of Delegation. (L-9958)
ANY - Deed (Contract Under Seal) - *generic WITH TEXT
Deed. Any State. (Well, almost ... You can use this one in NSW, Vic., SA, WA, NT and ACT. For QLD see L-9968 for Tas. see L-9969). This is a formal deed (contract under seal). This is a generic format between two parties ("Party A" and "Party B") and either party can be a person, a sole trader, a partnership or a company or an assigned authority for a company under Instrument of Delegation. It contains substantive text including basic elements of any contract, standard contract definitions, interpretations, declarations, disclaimers, and commitments, etc. Australian legal agreement (any State). (L-9959)
ANY - Delegation of Power - Association
This legal document is the instrument upon which the functions of the committee can be delegated to a sub-committee. It is endorsed by the appointed members of the sub-committee, and signed by office-holders for and on behalf of the committee. It makes clear the functions being delegated and the conditions of delegation. (N-2010) K
ANY - Delegation of powers by Company Tenderer for Tender
Instrument of delegation by the Tenderer's Board of Directors under s.198D of the Corporations Act giving a key manager (in this example the IT Manager) the power to authorise the Tender and associated documents, to sign contracts, to order supply, and authorise payments on a particular tender-based project (such as a large software development project) on behalf of the Board. Execute this instrument of delegation prior to his/her "signing off" and lodging the Tender. Thereafter the Issuer will deal with the delegated authority as if it was dealing with the Board. Australian corporate law. (T-1028) K
ANY - Delegation of powers to IT Mgr by the Board (Contract
General IT department contracting and outsourcing. Instrument of delegation between the Board and the Information Technology Manager under s. 198D of the Corporations Act to engage contractors and sign contracts on behalf of the Board. (C-0062) K
ANY - Delegation of powers to IT Mgr by the Board (Project)
Specific project-related resource allocation, contracting and outsourcing. Instrument of delegation between the Board and the Information Technology Manager under s. 198D of the Corporations Act to allocate resources, order supply, engage contractors, sign contracts and authorise payments on a particular project (such as a large software development project) on behalf of the Board. (C-0063) K
ANY - Delegation of powers to Safety Mgr by the Board (DRP)
Specific project-related resource allocation, contracting and outsourcing. Instrument of delegation between the Board and the Safety Manager under s. 198D of the Corporations Act to allocate resources, order supply, engage contractors, sign contracts and authorise payments on a particular project (such as a large disaster recovery and/or contingency planning project) on behalf of the Board. (C-0064) K
ANY - Directors' Meeting Kit
A useful kit made up of twenty-one key documents required when running the company using directors meetings under the Corporations Act 2001. Australian company records, notices. (C-0055) K
ANY - Employment Contract (PermF/TLabourer) O/TIME SoleTrade
Permanent labouring position - Full time, Regular hours. Employed by a Sole Trader. Signed by the Sole Trader. Any State. This contract of employment is a common law contract designed for a regular, permanent, labourer in any State in Australia. It specifically chooses to opt out of Workplace Relations Amendment (Work Choices) Act 2005 and intends not to register the contract as an AWA. It assumes fortnightly pay payable by the following Thursday. It includes many possibilities including such things as yearly review, overtime, a three month probationary period, entitlements to annual leave, annual leave loading, superannuation, long service leave, personal leave (sick leave and family care), bereavement leave, and maternity/paternity/adoption leave, work tools, clothing, boots, protective gear, etc. It names an arbitrator trusted by both parties to be called upon in the case of claims of unfair dismissal. (H-3081)
ANY - End of Life Model THIS IS A PICTURE NOT A DOCUMENT
NOT A TEMPLATE. A model showing the legal instruments that can be used for gaining control over an important period of life - the period of "incapacitation" just before death, when we need the help of others, and the period just after death when others are needed to finalise our affairs. (P-2008)
ANY - Event Supply Agreement -goods considered crucial SoleT
A supply agreement between an agent who is acting for a principal in staging an event and a supplier for a good/service/venue considered fundamental and crucial to the staging of the event. A seven day back out clause gives rise to 28 days in which the agreement cannot be changed by either party except for an "Act of God" (or force majeure). (L-3180)
ANY - Indemnity by the Board to a Director/Officer
A separate deed of indemnity arising from a director or officer of the corporation accepting responsibility to act on behalf of the corporation or undertaking specific responsibilities/actions on behalf of the Board under an Instrument of delegation between the Board and an Employee under s.198D(1) of the Corporations Act 2001. (C-0090)
ANY - Independent Sales Rep Agreement - Coy2/SoleT
This Independent Sales Representative Contract is for a sales person who is not an employee, who has no set hours, and is paid commission, payable monthly. The independence of the sales rep is increased by allowing nominated person(s) to be on the sales rep's team but allows the Principal the right to refuse a particular nominated person. This contract makes specific reference only to federal law and therefore can be used in any State. Note: this simple document is designed where there are no impediments to such independent contracts, which may be created by licensing law requirements at the State level. These references include reference to A New Tax System (Goods and Services Tax) Act 1999 (Cth), Acts Interpretation Act 1901 (Cth), Privacy Act 1988 (Cth), the Uniform Consumer Credit Code, Trade Practices Act 1974 (Cth) and Financial Transaction Reports Act 1988 (Cth). (L-3220) K
ANY - Licence to Occupy - Artist space with lic. & others
This licence to occupy is for an artist's studio space in a building which is assumed to have common areas such as stairwells, toilets and washroom facilities, kitchen facilities, rubbish etc. where the licensee is required to cooperate with the licensor and other artists on space and common facilities such as safety, rubbish removal, etc. It pays particular attention to mediums and their risks and responsibilities. It grants licence to occupy for a given period in return for licence fee and certain responsibilities but does not grant leasehold rights or quiet enjoyment. (L-4045) K
ANY - Licence to Occupy -Office space with licensor & others
This licence to occupy is for an office space in a building which is assumed to have common areas such as lifts and stairwells, toilets and washroom facilities, reception waiting area, kitchen facilities, rubbish etc. where the licensee is required to cooperate with the licensor and other occupiers on space and common facilities such as safety, communications, Internet, wireless, rubbish removal, cleaners, etc. It grants licence to occupy for a given period in return for licence fee and certain responsibilities but does not grant leasehold rights or quiet enjoyment. (L-4035) K
ANY - Licence to Occupy-Residential-buyer occupy pre-settlem
Real Estate. This licence to occupy is for a residential purchase where the licensee (purchaser) has committed to purchase the property but doesn't want to wait and is prepared to occupy and pay a weekly fee until settlement in about six weeks. The licensor (vendor) is happy to do this as it commits him/her to nothing and (s)he can get the licence fee in lieu of rent. It grants licence to occupy for a period to settlement in return for a weekly licence fee and certain responsibilities if it fails to settle but does not grant leasehold rights or quiet enjoyment. (L-4038) K
ANY - Loan - person to partnership (appendices)
This loan agreement is for a new loan by a person to a partnership (business loan but joint and several) in any State. It contains three sample appendices, a simple amortization schedule, a detail of purpose and an assets schedule for a floating charge. It gives agreement to the lodgement of a caveat. Australian legal agreement with 3 Appendices. (L-3302) K
ANY - Loan - person to person (Simple)
This simple loan agreement is for a new loan by a person to another person (personal loan) in any State. Australian legal agreement (simple). (L-3300) K
ANY - Loan - person to person (appendices)
This loan agreement is for a new loan by a person to another person (personal loan) in any State. Interest payable throughout the term. It contains three sample appendices, a simple amortization schedule, a detail of purpose and an assets schedule for a floating charge. It gives agreement to the lodgement of a caveat. Australian legal agreement with 3 Appendices. (L-3299)
ANY - Loan - person to person (appendices) 12equal Guarantor
This loan agreement is for a new loan by a person to another person (personal loan) in any State with a third person acting as a guarantor for the borrower. Principal and interest are payable/repayable by twelve equal monthly instalments. It contains three sample appendices, a simple amortization schedule, a detail of purpose and an attached letter of guarantee. Australian legal agreement with 3 Appendices. (L-3353)
ANY - Loan - person to person (appendices) Princ+Int onLastD
This loan agreement is for a new loan by a person to another person (personal loan) in any State. Principal and interest are payable/repayable on last day of the term. It contains three sample appendices, a simple amortization schedule, a detail of purpose and an assets schedule for a floating charge. It gives agreement to the lodgement of a caveat. Australian legal agreement with 3 Appendices. (L-3341)
ANY - Loan - person to person (appendices)RegularRepay&Final
This loan agreement is for a new loan by a person to another person (personal loan) in any State. Principal and interest are payable/repayable by a series of regular repayments throughout the life of the agreement and a final payment on the last day of the term. It contains three sample appendices, a simple amortization schedule, a detail of purpose and an assets schedule for a floating charge. It gives agreement to the lodgement of a caveat. Australian legal agreement with 3 Appendices. (L-3342)
ANY - Loan - person to sole trader (Simple)
This loan agreement is for a new loan by a non-equity interest to a sole trader in any State for a period not exceeding ten years. Australian legal agreement (simple). (L-3298) K
ANY - Loan - person to sole trader (appendices)
This loan agreement is for a new loan by a person to another person trading as a sole trader (like a personal loan but concentrating on the business) in any State. It contains three sample appendices, a simple amortization schedule, a detail of purpose and an assets schedule for a floating charge. It gives agreement to the lodgement of a caveat. Australian legal agreement with 3 Appendices. (L-3303) K
ANY - Married man - testamentary trust-wife,4 child(wife)
A typical Australian (template) last will and testament for a man with a wife and four children. The testator appoints his wife as sole executrix and trustee and establishes two testamentary trusts, one for his wife and one for his four children and splits the funds by percentage. (P-3011)
ANY - Married man - testamentary trust2-child intellectdisab
In this example Australian last will and testament a man has two children, one of whom is disabled and intellectually impaired. The testator establishes a testamentary trust to look after his son for the rest of his life, following the death of his father. He gives the house and some money to his wife and some special gifts and bequests (probably something to his daughter) but his main focus is on the trust because the others are capable of looking after themselves while his son is not. Others (such as his daughter) may benefit from the trust but only after the primary purpose of the trust has been satisfied. (P-3021)
ANY - Married man -testamentary trust-wife,3 children (wife)
A typical Australian (template) last will and testament for a man with a wife and three children. The testator appoints his wife as sole executrix and trustee and establishes two testamentary trusts, one for his wife and one for his three children and splits the funds by percentage. (P-3010)
ANY - Married woman - testamentary trust -husb,2 child(husb)
A typical Australian (template) last will and testament for a woman with a husband and two children. The testatrix appoints her husband as sole executor and trustee and establishes two testamentary trusts, one for her husband and one for her two children and splits the funds by percentage. (P-3012)
ANY - Married woman - testamentary trust -husb,4 child(husb)
A typical Australian (template) last will and testament for a woman with a husband and four children. The testatrix appoints her husband as sole executor and trustee and establishes two testamentary trusts, one for her husband and one for her four children and splits the funds by percentage. (P-3015)
ANY - Married woman - testamentary trust-husb,1child (other)
A typical Australian last will and testament for a woman with a husband and sole child. The testatrix establishes two testamentary trusts (controlled by others), one for her husband and one for her child and splits the funds by percentage. (P-3004)
ANY - Married woman -testamentary trust-husb,1child(special)
A typical Australian last will and testament for a woman with a husband and sole child. The testatrix leaves everything to her husband and only establishes a testamentary trust for the child if the husband predeceases her or fails to survive her for at least thirty days. (P-3002)
ANY - Married woman -testamentary trust-husb,3child(special)
A typical Australian last will and testament for a woman with a husband and three children. The testatrix leaves everything to her husband and only establishes a testamentary trust for the children if the husband predeceases her or fails to survive her for at least thirty days. If her husband does predecease her, the testatrix sets up three trusts after her death to provide for each of her three children and their direct descendants ("lineage" concerns), thereby excluding the issues of marriage and divorce from the determination of beneficiaries. (P-3019)
ANY - Married woman -testamentary trust-husband,1child(husb)
A typical Australian last will and testament for a woman with a husband and one child. The testatrix appoints her husband as sole executor and trustee and establishes two testamentary trusts, one for her husband and one for her child and splits the funds by percentage. (P-3013)
ANY - Married woman-testamentary trust-husband,3 child(husb)
A typical Australian (template) last will and testament for a woman with a husband and three children. The testatrix appoints her husband as sole executor and trustee and establishes two testamentary trusts, one for her husband and one for her three three children and splits the funds by percentage. (P-3014)
ANY - Master Service Agreement (order implies contract)
This Master Service Agreement allows the service provider and the customer to enter into a number of implied service contracts purely upon the issue of a detailed order form that does the work of describing basic information about the contract and what is to be included in the Schedules to the contract. The Order is prepared by a nominee of the customer and the Order is accepted and signed off by a nominee of the service provider. This saves the parties the trouble and cost and time of having to enter into an array of contracts, all of which will adopt the same form. Not all service providers can adopt this strategy, but for those that can, this is a considerable saving in effort and legal fees. This Master Service Agreement needs a Service Provider Price List, a properly designed Order form, and a template Service Contract agreeable to both parties to be complete. (L-3256) K
ANY - Master Service Agreement -ServCoy Brd appoints nominee
This instrument of delegation by the Board of the Service Provider appoints a nominee to handle the Master Service Agreement between the Board and the Customer and the acceptance and sign off of a specially prepared Order by this nominee of the Board implies a service contract between the Board and the Customer as detailed in the Master Service Agreement. (C-0084) K
ANY - Master Service Agreement Order Form
A special order form for use in the case of Master Service Agreement (order implies contract). It contains all the information/sign-offs necessary to get the new slave (or implied) contract under way under an existing master service contract without necessarily involving the Board. NOTE: this order form must stick exactly to the form of the Service Contract annexured to the Master Service Agreement. Any significant differences may require a separate contract to be approved by the Board. (L-3259)
ANY - Master Service Agreement-Customer Brd appoints nominee
This instrument of delegation by the Board of the Customer appoints a nominee to handle the Master Service Agreement between the Board and the Service Provider and the preparation and sign off of a specially prepared Order by this nominee of the Board implies a service contract between the Board and the Service Provider as detailed in the Master Service Agreement. (C-0085) K
ANY - Memorandum of understanding - any topic - Coy & Coy
Deed. Any State. (Well, almost ... You can use this one in NSW, Vic., SA, WA, NT and ACT. For QLD see L-???? for Tas. see L-????). This template is just the "bare bones"; the basic structure into which you can write any agreed terms. (L-3019)
ANY - Option to purchase
Simple contract. Option to purchase property, business capital asset, business real property; not residential. Includes Notice to Proceed. Any State. (L-3326)
ANY - Partnership agreement - Heads of agreement
Pre-contract sign-off. This detailed heads of agreement (any State) asks fifty key questions related to the formation of a Partnership Agreement. It is a simple question and answer document that is completed and signed off by all the partners and can then be used to prepare the legal Partnership Agreement. (C-1129) K
ANY - Partnership agreement - equality-3 partners-new p'ship
Simple contract. Any State. A simple partnership agreement for setting up a new partnership between 3 partners where all three partners are expected to be equally active, work closely together and equally responsible for the success or failure of the operation. The agreement is therefore based on equality of investment, contribution, appropriation and drawing. It tries to keep this equality going throughout the life of the partnership. It provides for the retirement of a partner but has little to say about death except some simple terms for dealing with the executor of the will and trustee of the deceased partner's estate. (L-3023) K
ANY - Partnership agreement - set %-2 partners-new p'ship-sp
Simple contract. Special. This partnership agreement is for 2 partners in a new partnership. It contains different levels of initial investment and continuing obligations and benefits derived from that initial investment. It seeks to keep the relative proportions of profit/loss/contibution/drawing of each partner the same as a set percentage throughout the life of the partnership. This often happens where an initial contribution, or an invention or a special expertise etc. requires a particular partner to be recognised throughout the life of the partnership. It deals with possible retirement of a partner. It makes special provision for continuance in the event of the death of a partner and seeks to establish clear legal meaning in relation to any last will and testament. While not trying to replace the will, it contains comment to the executor of the will and trustee of the deceased partner's estate and is therefore signed and witnessed in a similar manner to the last will and testament. (L-3091) K
ANY - Partnership agreement -equality-2 partners-old p'ship
Simple contract. Any State. This partnership agreement is for 2 partners who are seeking to formalise a partnership that has been going for many years with a new partnership agreement. This is a simple partnership where both partners are equally active, work closely together and are equally responsible for the success or failure of the operation. The agreement is therefore based on equality of investment, contribution, appropriation and drawing. It realises that much of the reason for the success to date has been the equality of the partners and therefore tries to keep this equality going throughout the life of the partnership. It provides for the retirement of a partner but has little to say about death except some simple terms for dealing with the executor of the will and trustee of the deceased partner's estate. (L-3098) K
ANY - Partnership agreement -equality-3 partners-old p'ship
Simple contract. Any State. This partnership agreement is for 3 partners (or more) who are seeking to formalise a partnership that has been going for many years with a new partnership agreement. This is a simple partnership where all partners are equally active, work closely together and are equally responsible for the success or failure of the operation. The agreement is therefore based on equality of investment, contribution, appropriation and drawing. It realises that much of the reason for the success to date has been the equality of the partners and therefore tries to keep this equality going throughout the life of the partnership. It provides for the retirement of a partner but has little to say about death except some simple terms for dealing with the executor of the will and trustee of the deceased partner's estate. (L-3099) K
ANY - Partnership agreement -set % -2 partners-new p'ship-no
Simple contract. Any State. This partnership agreement is for 2 partners in a new partnership. It contains different levels of initial investment and continuing obligations and benefits derived from that initial investment. It seeks to keep the relative proportions of profit/loss/contibution/drawing of each partner the same as a set percentage throughout the life of the partnership. This often happens where an initial contribution, or an invention or a special expertise etc. requires a particular partner to be recognised throughout the life of the partnership. It deals with possible retirement of a partner but has little to say about death except some simple terms for dealing with the executor of the will and trustee of the deceased partner's estate. (L-3095) K
ANY - Partnership agreement -set % -3 partners-new p'ship-no
Simple contract. Any State. This partnership agreement is for 3 partners in a new partnership. It contains different levels of initial investment and continuing obligations and benefits derived from that initial investment. It seeks to keep the relative proportions of profit/loss/contibution/drawing of each partner the same as a set percentage throughout the life of the partnership. This often happens where an initial contribution, or an invention or a special expertise etc. requires a particular partner to be recognised throughout the life of the partnership. It deals with possible retirement of a partner but has little to say about death except some simple terms for dealing with the executor of the will and trustee of the deceased partner's estate. (L-3105) K
ANY - Partnership agreement -set % -3 partners-old p'ship-sp
Simple contract. Special. This partnership agreement is for 3 partners (or more) who are seeking to formalise with a new partnership agreement, a partnership that has been going for many years. It assumes a level of 'capital contribution' as declared in the agreement that is set at a percentage that will determine the percentage governing subsequent obligations and benefits derived from the business. (Note: this can be done simply by multiplying the existing equity/capital account in the current balance sheet by the required percentage and calling the resultant amount the 'assumed capital contribution'.) It seeks to keep the relative proportions of profit/loss/contibution/drawing of each partner at that set percentage throughout the life of the partnership. This often happens where an initial contribution, or an invention or a special expertise etc. requires a particular partner to be recognised throughout the life of the partnership. It deals with possible retirement of a partner. It makes special provision for continuance in the event of the death of a partner and seeks to establish clear legal meaning in relation to any last will and testament. While not trying to replace the will, it contains comment to the executor of the will and trustee of the deceased partner's estate and is therefore signed and witnessed in a similar manner to the last will and testament. (L-3093) K
ANY - Partnership agreement -set %- 4 partners-new p'ship
Simple contract. This partnership agreement was designed for two married couples but could be used as the basis for any four persons entering into partnership in Australia. It contains different levels of initial investment and continuing obligations and benefits derived from that initial investment. It seeks to keep the relative proportions of profit/loss/contibution/drawing of each partner the same as a set percentage throughout the life of the partnership. It deals with possible retirement of a partner. It makes special provision for continuance in the event of the death of a partner and seeks to establish clear legal meaning in relation to any last will and testament. While not trying to replace the will, it contains comment to the executor of the will and trustee of the deceased partner's estate and is therefore signed and witnessed in a similar manner to the last will and testament. (L-3022) K
ANY - Partnership agreement -set %-2 partners-old p'ship-no
Simple contract. Any State. This partnership agreement is for 2 partners who are seeking to formalise a partnership that has been going for many years with a new partnership agreement. It assumes a level of 'capital contribution' as declared in the agreement that is set at a percentage that will determine the percentage governing subsequent obligations and benefits derived from the business. (Note: this can be done simply by multiplying the existing equity/capital account in the current balance sheet by the required percentage and calling the resultant amount the 'assumed capital contribution'.) It seeks to keep the relative proportions of profit/loss/contibution/drawing of each partner at that set percentage throughout the life of the partnership. This often happens where an initial contribution, or an invention or a special expertise etc. requires a particular partner to be recognised throughout the life of the partnership. It deals with possible retirement of a partner but has little to say about death except some simple terms for dealing with the executor of the will and trustee of the deceased partner's estate. (L-3096) K
ANY - Partnership agreement -set %-2 partners-old p'ship-sp
Simple contract. Special. This partnership agreement is for 2 partners who are seeking to formalise a partnership that has been going for many years with a new partnership agreement. It assumes a level of 'capital contribution' as declared in the agreement that is set at a percentage that will determine the percentage governing subsequent obligations and benefits derived from the business. (Note: this can be done simply by multiplying the existing equity/capital account in the current balance sheet by the required percentage and calling the resultant amount the 'assumed capital contribution'.) It seeks to keep the relative proportions of profit/loss/contibution/drawing of each partner at that set percentage throughout the life of the partnership. This often happens where an initial contribution, or an invention or a special expertise etc. requires a particular partner to be recognised throughout the life of the partnership. It deals with possible retirement of a partner. It makes special provision for continuance in the event of the death of a partner and seeks to establish clear legal meaning in relation to any last will and testament. While not trying to replace the will, it contains comment to the executor of the will and trustee of the deceased partner's estate and is therefore signed and witnessed in a similar manner to the last will and testament. (L-3092) K
ANY - Partnership agreement -set %-3 partners-new p'ship-sp
Simple contract. Special. This partnership agreement is for 3 partners in a new partnership. It contains different levels of initial investment and continuing obligations and benefits derived from that initial investment. It seeks to keep the relative proportions of profit/loss/contibution/drawing of each partner the same as a set percentage throughout the life of the partnership. This often happens where an initial contribution, or an invention or a special expertise etc. requires a particular partner to be recognised throughout the life of the partnership. It deals with possible retirement of a partner. It makes special provision for continuance in the event of the death of a partner and seeks to establish clear legal meaning in relation to any last will and testament. While not trying to replace the will, it contains comment to the executor of the will and trustee of the deceased partner's estate and is therefore signed and witnessed in a similar manner to the last will and testament. (L-3104) K
ANY - Partnership agreement-constant review-2 partners-new p
Simple agreement. Any State. A partnership agreement between 2 partners setting up a new partnership that allows for the levels of the individual partner's capital account to be changed by mutual consent throughout the life of the partnership and for the balance on that account at the end of the period to dictate the percentage (share) of profits or losses to be appropriated by the partner for the period. A partnership agreement like this one is often used where circumstances are a little more unknown and fluid and where investment in the entrepreurial environment is considered to be the key to success, and the partnership is relying on one partner to provide more of this investment who therefore needs to be recognised. (When things settle down, or upon the retirement of the key investor etc., it may be replaced by one of the other styles.) It provides for the retirement of a partner but has little to say about death except some simple terms for dealing with the executor of the will and trustee of the deceased partner's estate. (L-3101) K
ANY - Partnership agreement-constant review-2 partners-old p
Simple contract. Any State. This partnership agreement is for 2 partners who are seeking to formalise a partnership that has been going for many years with a new partnership agreement. It sets up the agreed levels of the individual partner's capital account at the moment of agreement and allows for these levels to be changed by mutual consent throughout the life of the partnership and for the balance on that account at the end of the period to dictate the percentage (share) of profits or losses to be appropriated by the partner for the period. This may happen when investment in the entrepreurial environment is considered to be the key to success, and the partnership is relying on one partner to provide more of this investment who therefore needs to be recognised. It provides for the retirement of a partner but has little to say about death except some simple terms for dealing with the executor of the will and trustee of the deceased partner's estate. (L-3103) K
ANY - Partnership agreement-constant review-3 partners-new p
Simple contract. Any State. A partnership agreement between 3 partners setting up a new partnership that allows for the levels of the individual partner's capital account to be changed by mutual consent throughout the life of the partnership and for the balance on that account at the end of the period to dictate the percentage (share) of profits or losses to be appropriated by the partner for the period. A partnership agreement like this one is often used where circumstances are a little more unknown and fluid and where investment in the entrepreurial environment is considered to be the key to success, and the partnership is relying on one partner to provide more of this investment who therefore needs to be recognised. (When things settle down, or upon the retirement of the key investor etc., it may be replaced by one of the other styles.) It provides for the retirement of a partner but has little to say about death except some simple terms for dealing with the executor of the will and trustee of the deceased partner's estate. (L-3100) K
ANY - Partnership agreement-constant review-3 partners-old p
Simple contract. Any State. This partnership agreement is for 3 partners who are seeking to formalise a partnership that has been going for many years with a new partnership agreement. It sets up the agreed levels of the individual partner's capital account at the moment of agreement and allows for these levels to be changed by mutual consent throughout the life of the partnership and for the balance on that account at the end of the period to dictate the percentage (share) of profits or losses to be appropriated by the partner for the period. This may happen when investment in the entrepreurial environment is considered to be the key to success, and the partnership is relying on one partner to provide more of this investment who therefore needs to be recognised. (When things settle down, or upon the retirement of the key investor etc., it may be replaced by one of the other styles.) It provides for the retirement of a partner but has little to say about death except some simple terms for dealing with the executor of the will and trustee of the deceased partner's estate. (L-3102) K
ANY - Partnership agreement-constant review-4 partners-new p
Simple contract. Any State. A partnership agreement between 4 partners setting up a new partnership that allows for the levels of the individual partner's capital account to be changed by mutual consent throughout the life of the partnership and for the balance on that account at the end of the period to dictate the percentage (share) of profits or losses to be appropriated by the partner for the period. A partnership agreement like this one is often used where circumstances are a little more unknown and fluid and where investment in the entrepreurial environment is considered to be the key to success, and the partnership is relying on one partner to provide more of this investment who therefore needs to be recognised. (When things settle down, or upon the retirement of the key investor etc., it may be replaced by one of the other styles.) It provides for the retirement of a partner but has little to say about death except some simple terms for dealing with the executor of the will and trustee of the deceased partner's estate. (L-3024) K
ANY - Partnership agreement-equality-2 partners-new p'ship
Simple contract. Any State. A simple partnership agreement for setting up a new partnerhip between 2 partners where both partners are expected to be equally active, work closely together and equally responsible for the success or failure of the operation. The agreement is therefore based on equality of investment, contribution, appropriation and drawing. It tries to keep this equality going throughout the life of the partnership. It provides for the retirement of a partner but has little to say about death except some simple terms for dealing with the executor of the will and trustee of the deceased partner's estate. (L-3097)
ANY - Partnership agreement-set % -3 partners-old p'ship -no
Simple contract. Any State. This partnership agreement is for 3 partners (or more) who are seeking to formalise with a new partnership agreement, a partnership that has been going for many years. It assumes a level of 'capital contribution' as declared in the agreement that is set at a percentage that will determine the percentage governing subsequent obligations and benefits derived from the business. (Note: this can be done simply by multiplying the existing equity/capital account in the current balance sheet by the required percentage and calling the resultant amount the 'assumed capital contribution'.) It seeks to keep the relative proportions of profit/loss/contibution/drawing of each partner at that set percentage throughout the life of the partnership. This often happens where an initial contribution, or an invention or a special expertise etc. requires a particular partner to be recognised throughout the life of the partnership. It deals with possible retirement of a partner
but has little to say about death except some simple terms for dealing with the executor of the will and trustee of the deceased partner's estate. (L-3094) K
ANY - Personal Services Contract
A contract between a principal and a contractor where the contractor qualifies as a personal services business under one or more of the four qualifications laid down by the ATO under the Alienation of Personal Services Income Regulations NAT 8028 and includes the definition of qualifications laid down by NAT 4788. (L-3354)
ANY - Personal guarantee - loan -*single
A simple guarantee by a single borrower, any State, acknowledging a loan and giving a personal guarantee and indemnities, no payback period mentioned. (L-3267) K
ANY - Personal guarantee - loan -joint&several
A simple guarantee to a single lender by a two borrowers, any State, acknowledging a loan and jointly and severally giving a personal guarantee and indemnities, no payback period mentioned. (L-3268)
ANY - Personal guarantee - loan -with or without caveat
Very much like the Loan Agreement - Person to Person - but in the form of a letter of guarantee from the borrower to the lender. Everything is spelled out. A simple personal loan guarantee any State signed by the guarantor with three appendices: (a) repayment of the principal, (b) purpose of the loan and (c) assets over which there is a charge. If purpose is not relevant delete clause 6 and Appendix 2. If there is no charge over assets delete clauses 9 and 10 and Appendix 3. (L-3265)
ANY - Promissory note - Company to Company
A promise to pay. No mention of the reasons for the promise thereby excluding other contractual considerations. Shows 13 options - best to delete those that don't apply. Any State. (L-9976)
ANY - Promissory note - Company to Partnership
A promise to pay. No mention of the reasons for the promise thereby excluding other contractual considerations. Shows 13 options - best to delete those that don't apply. Any State. (L-9977)
ANY - Promissory note - Company to Person
A promise to pay. No mention of the reasons for the promise thereby excluding other contractual considerations. Shows 13 options - best to delete those that don't apply. Any State. (L-9975)
ANY - Promissory note - Partnership to Company
A promise to pay. No mention of the reasons for the promise thereby excluding other contractual considerations. Shows 13 options - best to delete those that don't apply. Any State. (L-9978)
ANY - Promissory note - Partnership to Person
A promise to pay. No mention of the reasons for the promise thereby excluding other contractual considerations. Shows 13 options - best to delete those that don't apply. Any State. (L-9980)
ANY - Promissory note - Person to Company
A promise to pay. No mention of the reasons for the promise thereby excluding other contractual considerations. Shows 13 options - best to delete those that don't apply. Any State. (L-9981)
ANY - Promissory note - Person to Partnership
A promise to pay. No mention of the reasons for the promise thereby excluding other contractual considerations. Shows 13 options - best to delete those that don't apply. Any State. (L-9982)
ANY - Promissory note - Person to Person
A promise to pay. No mention of the reasons for the promise thereby excluding other contractual considerations. Shows 13 options - best to delete those that don't apply. Any State. (L-9974)
ANY - Proxy Representing a Member (Coy)
A proxy form for use at the Special General Meeting or the Annual General Meeting. This proxy can be used to empower another person to represent a member and vote for the member generally or with restrictions. It explains how to ensure that the proxy is valid. Australian company notice/record required under the Corporations Act 2001. (C-0011)
ANY - Sale of capital asset - GST inclusive - delayed
Simple contract of sale of capital asset by business registered and/or required to be registered for GST (normal trading over $50,000 per annum). Immediate transfer of ownership upon payment of deposit, with 5 days to settle. Includes Transfer of Ownership form. Any State. (L-3290)
ANY - Sale of capital asset - GST inclusive - immediate
Simple contract of sale of capital asset by business registered and/or required to be registered for GST (normal trading over $50,000 per annum). Immediate transfer of ownership and settlement and sign off. Includes Transfer of Ownership form. Any State. (L-3327)
ANY - Sale of capital asset - No GST - delayed
Contract of sale of capital asset by small business not registered and not required to be registered for GST (normal trading under $50,000 per annum). Immediate transfer of ownership upon payment of deposit, with 5 days to settle. Includes Transfer of Ownership form. Any State. (L-3289)
ANY - Sale of capital asset - No GST - immediate
Contract of sale of capital asset by small business not registered and not required to be registered for GST (normal trading under $50,000 per annum). Immediate transfer of ownership and settlement and sign off. Includes Transfer of Ownership form. Any State. (L-3328)
ANY - Service Contract (anyjob) - one-off or implied MasterS
This Service Contract is a simple contract for a Service Provider who works on a particular project to be completed by a given time (the 'term') and to be paid a total contract sum split up by (a) an upfront fee; (b) interim payments whilst work is in progress, based upon the achievement of particular milestones; and (c) a final fee upon completion and sign off. This is a friendly contract and does not go into detail about failure to perform, leaving that up to the courts in the unlikely event of failure to perform. It requires confidentiality for 7 years after completion. It fits nicely as the required Annexure in the Master Service Agreement (order implies contract) contract. The contract makes specific reference only to federal law and therefore can be used in any State. This includes reference to A New Tax System (Goods and Services Tax) Act 1999 (Cth), Acts Interpretation Act 1901 (Cth), Privacy Act 1988 (Cth), the Uniform Consumer Credit Code, Trade Practices Act 1974 (Cth) and Financial Transaction Reports Act 1988 (Cth). (L-3258) K
ANY - Service Contract (anyjob) -outsourced operatns Coy/Coy
This Contract of Services is a contract for a company that engages another company as Contractor to provide part of that company's (the Outsourcer's) principal operations. The contract makes specific reference only to federal law and therefore can be used in any State. This includes reference to A New Tax System (Goods and Services Tax) Act 1999 (Cth), Acts Interpretation Act 1901 (Cth), the Crimes Act 1914 (Cth), the Racial Discrimination Act 1975 (Cth); the Sex Discrimination Act 1984 (Cth); the Disability Discrimination Act 1992 (Cth); and the Equal Opportunity for Women in the Workplace Act 1999 (Cth). (F-3044) K
ANY - Service Contract (anyjob)-outsourced operatns Coy/Part
This Contract of Services is a contract for a Company that engages a Partnership as Contractor to provide part of that Company's (the Outsourcer's) principal operations. The contract makes specific reference only to federal law and therefore can be used in any State. This includes reference to A New Tax System (Goods and Services Tax) Act 1999 (Cth), Acts Interpretation Act 1901 (Cth), the Crimes Act 1914 (Cth), the Racial Discrimination Act 1975 (Cth); the Sex Discrimination Act 1984 (Cth); the Disability Discrimination Act 1992 (Cth); and the Equal Opportunity for Women in the Workplace Act 1999 (Cth). Partnership. Australian legal agreement. (F-3047) K
ANY - Service Contract (anyjob)-outsourced operatnsCoy/SoleT
This Contract of Services is a contract for a Company that engages a Sole Trader as Contractor to provide part of that Company's (the Outsourcer's) principal operations. The contract makes specific reference only to federal law and therefore can be used in any State. This includes reference to A New Tax System (Goods and Services Tax) Act 1999 (Cth), Acts Interpretation Act 1901 (Cth), the Crimes Act 1914 (Cth), the Racial Discrimination Act 1975 (Cth); the Sex Discrimination Act 1984 (Cth); the Disability Discrimination Act 1992 (Cth); and the Equal Opportunity for Women in the Workplace Act 1999 (Cth). Sole Proprietor. Australian legal agreement. (F-3046) K
ANY - Service Contract (anyjob)-outsourced operatnsPart/Part
This Contract of Services is a contract for a Partnership that engages another Partnership as Contractor to provide part of that Partenership's (the Outsourcer's) principal operations. The contract makes specific reference only to federal law and therefore can be used in any State. This includes reference to A New Tax System (Goods and Services Tax) Act 1999 (Cth), Acts Interpretation Act 1901 (Cth), the Crimes Act 1914 (Cth), the Racial Discrimination Act 1975 (Cth); the Sex Discrimination Act 1984 (Cth); the Disability Discrimination Act 1992 (Cth); and the Equal Opportunity for Women in the Workplace Act 1999 (Cth). Partnership. Australian legal agreement. (F-3048) K
ANY - Service Contract (anyjob)-outsourced operatnsPart/SolT
This Contract of Services is a contract for a Partnership that engages a Sole Trader as Contractor to provide part of that Partnership's (the Outsourcer's) principal operations. The contract makes specific reference only to federal law and therefore can be used in any State. This includes reference to A New Tax System (Goods and Services Tax) Act 1999 (Cth), Acts Interpretation Act 1901 (Cth), the Crimes Act 1914 (Cth), the Racial Discrimination Act 1975 (Cth); the Sex Discrimination Act 1984 (Cth); the Disability Discrimination Act 1992 (Cth); and the Equal Opportunity for Women in the Workplace Act 1999 (Cth). Sole Proprietor. Australian legal agreement. (F-3049) K
ANY - Service Contract (anyjob)-outsourced operatnsSoleT/Sol
This Contract of Services is a contract for a Sole Trader that engages another Sole Trader as Contractor to provide part of that Sole Trader's (the Outsourcer's) principal operations. The contract makes specific reference only to federal law and therefore can be used in any State. This includes reference to A New Tax System (Goods and Services Tax) Act 1999 (Cth), Acts Interpretation Act 1901 (Cth), the Crimes Act 1914 (Cth), the Racial Discrimination Act 1975 (Cth); the Sex Discrimination Act 1984 (Cth); the Disability Discrimination Act 1992 (Cth); and the Equal Opportunity for Women in the Workplace Act 1999 (Cth). Zole Proprietor. Australian legal agreement. (F-3045) K
ANY - Service Contract (not contract of employment)
This Service Contract is for a contractor who works regular hours like an employee and is paid a yearly fee, broken into monthly payments but who is not an employee. The contract seeks to make this clear by clearly limiting the number of days that the contractor can work in any calendar year, thereby ensuring that the contractor cannot be mistaken for a permanent part-timer. This contract makes specific reference only to federal law and therefore can be used in any State. These references include reference to A New Tax System (Goods and Services Tax) Act 1999 (Cth), Acts Interpretation Act 1901 (Cth), Privacy Act 1988 (Cth), the Uniform Consumer Credit Code, Trade Practices Act 1974 (Cth) and Financial Transaction Reports Act 1988 (Cth). This template is a good start, but you would be well-advised to seek assistance to ensure that the limitations implied in the definition of "employee" actually work in your State. (L-3088) K
ANY - Service Contract (not contract of employment) -rate/hr
This Service Contract is for a contractor who works irregular hours and is paid a fee per hour, paid monthly on invoice. The contract seeks to make it clear that the contractor is not an employee by clearly limiting the number of days that the contractor can work in any calendar year, thereby ensuring that the contractor cannot be mistaken for a permanent part-timer or a casual employee. This contract makes specific reference only to federal law and therefore can be used in any State. These references include reference to A New Tax System (Goods and Services Tax) Act 1999 (Cth), Acts Interpretation Act 1901 (Cth), Privacy Act 1988 (Cth), the Uniform Consumer Credit Code, Trade Practices Act 1974 (Cth) and Financial Transaction Reports Act 1988 (Cth). This template is a good start, but you would be well-advised to seek assistance to ensure that the limitations implied in the definition of "employee" actually work in your State. (L-3089) K
ANY - Service Contract (not employmentcontract)-anyState/hrW
This Service Contract is for a contractor who works irregular hours and is paid a fee per hour, paid weekly on invoice. The contract seeks to make it clear that the contractor is not an employee by clearly limiting the number of days that the contractor can work in any calendar year, thereby ensuring that the contractor cannot be mistaken for a permanent part-timer or a casual employee. This contract makes specific reference only to federal law and therefore can be used in any State. These references include reference to A New Tax System (Goods and Services Tax) Act 1999 (Cth), Acts Interpretation Act 1901 (Cth), Privacy Act 1988 (Cth), the Uniform Consumer Credit Code, Trade Practices Act 1974 (Cth) and Financial Transaction Reports Act 1988 (Cth). This template is a good start, but you would be well-advised to seek assistance to ensure that the limitations implied in the definition of "employee" actually work in your State. (L-3280) K
ANY - Service Contract(anyjob)-one-off,handsoff my customers
This Service Contract is a simple contract for a Service Provider who works on a particular project to be completed by a given time (the 'term') and to be paid a total contract sum split up by (a) an upfront fee; (b) interim payments whilst work is in progress based upon the achievement of particular milestones; and (c) a final fee upon completion and sign off. This is a friendly contract and does not go into detail about failure to perform, leaving that up to the courts in the unlikely event of failure to perform. Because the services are to be provided to customers of the Customer who could be serviced directly by the Service Provider there is a special "hands off my customers" clause. It requires confidentiality for 7 years after completion. It fits nicely as the required Annexure in the Master Service Agreement (order implies contract) contract. The contract makes specific reference only to federal law and therefore can be used in any State. This includes reference to A New Tax System (Goods and Services Tax) Act 1999 (Cth), Acts Interpretation Act 1901 (Cth), Privacy Act 1988 (Cth), the Uniform Consumer Credit Code, Trade Practices Act 1974 (Cth) and Financial Transaction Reports Act 1988 (Cth). (L-3293) K
ANY - Service Level Agreement - Accompany Contract with KPI
This service level agreement (SLA) accompanies the basic service contract and exists to spell out the service levels in the tender, target levels of service in the form of KPI (key performance indicators) and the requirements on the supplier if targets are not met. (T-1033)
ANY - Single man-testamentary trust-no family,public purpose
A typical last will and testament for a man with no family commitments. The testator leaves everything to a testamentary trust to pursue a particular public purpose. In the original will the mission was to provide scholarships in perpetuity. Australian legal instrument. (P-3006)
ANY - Single woman -testamentary trust- 3child,other(ppose)
A typical Australian last will and testament for a single woman with three children who upon her death wishes to establish a single trust to be administered by someone close to her whom she trusts to understand and work to achieve a "principal purpose", namely the well being and welfare and educational achievement of her three children until their tertiary education has ben achieved. (P-3031)
ANY - Single woman -testamentary trust- other,1child(other)
A typical Australian last will and testament for a single woman with a "principal beneficiary" and one child. The testatrix appoints her "principal beneficiary" as sole executor and trustee and establishes two testamentary trusts, one for her "principal beneficiary" and one for her child and splits the funds by percentage. (P-3030)
ANY - Single woman-testamentarytrust-no family,publicpurpose
A typical last will and testament for a woman with no family commitments. The testatrix leaves everything to a testamentary trust to pursue a particular public purpose. In the original will the mission was to provide scholarships in perpetuity. Australian legal instrument. (P-3007)
ANY - Special Deliverables & Special Guarantees (consortium)
This statutory declaration (CTH) is for lodging with the Tender and allows the Tenderer to make special guarantees about a particular deliverable as required by the Issuer. It also provides a place to spell out any limitation to these guarantees. In this example the Tenderer is a Consortium. (T-1034)
ANY - Special Deliverables & Special Guarantees joint bidder
This statutory declaration (CTH) is for lodging with the Tender and allows the Tenderer to make special guarantees about a particular deliverable as required by the Issuer. It also provides a place to spell out any limitation to these guarantees. In this example the Tenderer is a Joint Bidder. (T-1037)
ANY - Special Deliverables & Special Guarantees single tende
This statutory declaration (CTH) is for lodging with the Tender and allows the Tenderer to make special guarantees about a particular deliverable as required by the Issuer. It also provides a place to spell out any limitation to these guarantees. In this example the Tenderer is a single tenderer. (T-1034)
ANY - Stat Dec - Certificate of Experience
Certificate of experience provided by employer upon request of employee. Similar to a formal reference but provided under a Cth statutory declaration to back up a tender or corporate requirement or for stamping by Dept of Foreign Affairs as required by UN or foreign government.
ANY - Stat dec re 3 key instruments - CERTIFIED
A simple statutory declaration (any State) required to provide evidence of three key instruments: Current registration, current public liability coverage, and current approval/exemption. It includes declaration of true copy of original instrument, and certification of currency. (L-0113)
ANY - Stat dec re Non-parent responsible for under age stude
A simple statutory declaration (any State) by a non-parent as accepting responsibility for a student (say from inter-State or overseas) and to act in the stead of his/her parents while he/she remains under the age of 18, often required for a college to accept enrolment of under-age student (from inter-State or overseas). (L-0114)
ANY - Stat dec re alterations prior to purchase under mort
A simple statutory declaration (any State) containing declarations by the Vendor that no alterations have been conducted to the property since survey/inspection by the Lender, allowing Lender to proceed with granting of the Loan. (L-0110)
ANY - Stat dec re cash advance to assist purchase under mort
A simple statutory declaration (any State) containing declarations by a third party who is providing assistance in the first mortgage of a property protecting the Borrower (and therefore the Lender) from any claims to be made on the Borrower by the third party during the term of the mortgage. (L-0109)
ANY - Stat dec re change of name
A simple statutory declaration (any State) required for change of record after change of name, or for setting up a new record to accompany other proof of identity which contains previous name. (L-0100)
ANY - Stat dec re change of name - Bank record
A simple statutory declaration (any State) required for change of record by the Bank following change of name with declaration regarding beneficial ownership and indemnification against losses. (L-0112)
ANY - Stat dec re change of name - Loan provider
A simple statutory declaration (any State) required for change of record by the Loan Provider following change of name with declaration regarding beneficial ownership and indemnification against losses. (L-0111)
ANY - Stat dec re change of name - Two way verification
A simple statutory declaration (any State) required for change of record after change of name. This one contains both signatures, the old signature that can be checked against an existing record and the new signature that can be checked against the new record. This is only to be requested for an existing record holder and not for a new record holder. For a new record holder use L-0100. (L-0101)
ANY - Stat dec re change of name - Two way verification DIR
A simple statutory declaration (any State) required for change of record after change of name of a Director (& Shareholder) for changes to the Members' record. This one contains both signatures, the old signature that can be checked against an existing record and the new signature that can be checked against the new record. This contains a suggested letter from the Company Secretary to the Director requesting the required documentation. It also contains a replacement Consent to Act in the new name. (L-0105)
ANY - Stat dec re change of name - Two way verification MEMB
A simple statutory declaration (any State) required for change of record after change of name of a Shareholder for changes to the Members' record. This one contains both signatures, the old signature that can be checked against an existing record and the new signature that can be checked against the new record. This contains a suggested letter from the Company Secretary to the Shareholder requesting the required documentation. (L-0103)
ANY - Stat dec re proposal (single proposer)
A statutory declaration (CTH) for inclusion in the RFP to be filled in by a proposer who is a single corporation and signed by an officer authorised by the Board under an Instrument of Delegation. It contains declarations on all the significant rules for disqualification, such as collusion between proposers, unsuccessful proposers’ kick-backs, conflicts of interest, unlawful inducements, etc. Australian Commonwealth law. (T-1031)
ANY - Stat dec re qualify as personal service business
Another way of achieving the Personal Services Contract (referred to in L-3354). A statutory declaration (any State) to accompany any contract between a principal and a contractor where the contractor declares that he/she qualifies as a personal services business under one or more of the four qualifications laid down by the ATO under the Alienation of Personal Services Income Regulations NAT 8028 and includes the definition of qualifications laid down by NAT 4788, thereby giving the principal the confidence to go ahead with signing the contract. (L-0115)
ANY - Stat dec re tender (consortium)
A statutory declaration (Cth) for inclusion in the RFT to be filled in by a tenderer who is a consortium (a number of corporations coming together (as joint venturers or partners) for the explicit purpose of the project under tender) and signed by an officer of each of the corporations authorised by the respective Boards under Instruments of Delegation. It contains declarations on all the significant rules for disqualification, such as collusive tendering, unsuccessful tenderers’ kick-backs, conflicts of interest, unlawful inducements, etc. Australian Commonwealth law. (T-1006)
ANY - Stat dec re tender (joint bidder)
A statutory declaration (Cth) for inclusion in the RFT to be filled in by a tenderer who is a single corporation and signed by an officer authorised by the Board under an Instrument of Delegation. It is for use in the special case where two tenderers have openly colluded to independently bid for and supply separate parts of the tender, the sum of which meets or exceeds the requirements, and who wish to be considered concurrently for the tender. It contains declarations on all the significant rules for disqualification, such as collusive tendering, unsuccessful tenderers’ kick-backs, conflicts of interest, unlawful inducements, etc. Australian Commonwealth law. (T-1007)
ANY - Stat dec re tender (single tenderer)
A statutory declaration (Cth) for inclusion in the RFT to be filled in by a tenderer who is a single corporation and signed by an officer authorised by the Board under an Instrument of Delegation. It contains declarations on all the significant rules for disqualification, such as collusive tendering, unsuccessful tenderers’ kick-backs, conflicts of interest, unlawful inducements, etc. Australian Commonwealth law. (T-1005)
ANY - Stat dec re tender (tenderer includes subby)
A statutory declaration (Cth) by the Tenderer for including the Sub-contractor in the Due Diligence period. The Sub-contactor will need to complete a separate Confidentiality Agreement with the Issuer before starting any Due Diligence activities. Australian Commonwealth law. (T-1012)
ANY - Terms & Conditions of Sale (Manufactured Goods)-Buyer
The terms and conditions of sale of a manufactured product on sale Australia-wide under the Trade Practices Act, 1974 (Cth) or in any State. These might be printed on the back of an invoice or a sales docket, for example. In these conditions, the ownership passes to the buyer when assigned to the Buyer in the warehouse. (M-4015)
ANY - Terms & Conditions of Sale(Manufactured Goods)-Seller
The terms and conditions of sale of a manufactured product on sale under the Trade Practices Act 1974 (Cth) Australia-wide or in any State. These might be printed on the back of an invoice or a sales docket, for example. These terms contain a Romalpa clause that specifies that the goods remain the property of the seller until the seller has received full payment. (M-4000)
ANY - Widow -testamentary trust -3 child.,3 trusts (lineage)
A typical Australian last will and testament for a widow with three children. The testatrix sets up three trusts after her death to provide for each of her three children and their direct descendants ("lineage" concerns), thereby excluding the issues of marriage and divorce from the determination of beneficiaries. (P-3016)
ANY - Widower - testamentary trust-3 child,3 trusts(lineage)
A typical Australian last will and testament for a widower with three children. The testator sets up three trusts after his death to provide for each of his three children and their direct descendants ("lineage" concerns), thereby excluding the issues of marriage and divorce from the determination of beneficiaries. (P-3017)
ANY Venue & Event Supplier Agreement - both crucial to event
An agreement between an Event Promoter and a Venue Club (such as the RSL Club). The promoter wishes to stage an event in the club and invite his own members to the club. The club will provide the venue and access to the club via normal temporary/visitors membership protocols. A detailed set of supplementary regulations form part of the agreement, detailing the requirements on the promoter, the club and the patronage. Both sides are considered fundamental and crucial to the staging of the event. A seven day back out clause gives rise to 28 days in which the agreement cannot be changed by either party except for an "Act of God" (or force majeure). (L-3262)
Agency Agreement - Manufactured goods (exclusive) - ANY
New. Any State. (Well, almost ... You can use this one in NSW, Vic., SA, WA, NT and ACT. For QLD see M-4030; for Tas. see M-4035). An agreement (deed) between a supplier of manufactured goods (the 'principal') and a seller ('the agent') that creates an exclusive agency within a given territory for a given period and provides for a continuation of the exclusive agency, so long as the agent continues to meet the requirements of the agreement. It includes mention of a limited warranty agreement between the customer and the supplier and outlines the agent's role in setting up this agreement. (M-4031)
Agency Agreement - Manufactured goods (exclusive) - QLD
New. An agreement (deed) between a supplier of manufactured goods ('the principal') and a seller ('the agent') in the State of Queensland that creates an exclusive agency within a given territory for a given period and provides for a continuation of the exclusive agency, so long as the agent continues to meet the requirements of the agreement. It includes mention of a limited warranty agreement between the customer and the supplier and outlines the agent's role in setting up this agreement. (M-4030)
Agency Agreement - Manufactured goods (exclusive) - Tas.
New. An agreement (deed) between a supplier of manufactured goods (the 'principal') and a seller ('the agent') in the State of Tasmania that creates an exclusive agency within a given territory for a given period and provides for a continuation of the exclusive agency, so long as the agent continues to meet the requirements of the agreement. It includes mention of a limited warranty agreement between the customer and the supplier and outlines the agent's role in setting up this agreement. (M-4035)
Agency Agreement - Manufactured goods (exclusive) OLD - ACT
An agreement (deed) between a supplier of manufactured goods (the 'principal') and a seller ('the agent') in the Australian Capital Territory that creates an exclusive agency within a given territory for a given period and provides for a continuation of the exclusive agency, so long as the agent continues to meet the requirements of the agreement. It includes mention of a limited warranty agreement between the customer and the supplier and outlines the agent's role in setting up this agreement. (M-4037) K
Agency Agreement - Manufactured goods (exclusive) OLD NT
An agreement (deed) between a supplier of manufactured goods (the 'principal') and a seller ('the agent') in the Northern Territory that creates an exclusive agency within a given territory for a given period and provides for a continuation of the exclusive agency, so long as the agent continues to meet the requirements of the agreement. It includes mention of a limited warranty agreement between the customer and the supplier and outlines the agent's role in setting up this agreement. (M-4036)
Agency Agreement - Manufactured goods (exclusive) OLD SA
An agreement (deed) between a supplier of manufactured goods (the 'principal') and a seller ('the agent') in the State of South Australia that creates an exclusive agency within a given territory for a given period and provides for a continuation of the exclusive agency, so long as the agent continues to meet the requirements of the agreement. It includes mention of a limited warranty agreement between the customer and the supplier and outlines the agent's role in setting up this agreement. (M-4032)
Agency Agreement - Manufactured goods (exclusive) OLD Vic.
An agreement (deed) between a supplier of manufactured goods (the 'principal') and a seller ('the agent') in the State of Victoria that creates an exclusive agency within a given territory for a given period and provides for a continuation of the exclusive agency, so long as the agent continues to meet the requirements of the agreement. It includes mention of a limited warranty agreement between the customer and the supplier and outlines the agent's role in setting up this agreement. (M-4034)
Agency Agreement - Manufactured goods (exclusive) OLD WA
An agreement (deed) between a supplier of manufactured goods (the 'principal') and a seller ('the agent') in the State of Western Australia that creates an exclusive agency within a given territory for a given period and provides for a continuation of the exclusive agency, so long as the agent continues to meet the requirements of the agreement. It includes mention of a limited warranty agreement between the customer and the supplier and outlines the agent's role in setting up this agreement. (M-4033)
Agreement to settle workers compensation claim
This example agreement settles a claim for compensation for permanent impairment in return for the waiving of rights to compensation under sections 66 and 67 of the Workers Compensation Act 1987. Australian (NSW state) legal agreement. (L-3015)
Application for Final Parenting Orders Claimed ByThe Mother
These are parenting orders, claimed by the Wife/Mother against the Father, concerning two school-age children.
The mother proposes that the children live with her She also proposes in some detail that the children will spend time with the father during every second weekend during school term (overnight on Saturday night); during half of school holidays (except Christmas holidays); and during part of special days like birthdays and Fathers Days.
These proposed orders result in one parent having the children for the first half of the summer holidays in one year, and the second half in the following year. In other words, the parents take turns at spending Christmas with the children:
The mother also proposes regular telephone calls during the evenings of defined days. She also proposes that all relevant telephone numbers be exchanged, and that the parents promptly notify each other if there are accidents, injuries, or visits to the doctor.
In case the Court does not agree that the children should live only with her, the Mother proposes a “shared parenting arrangement”, with the children living equally with both parents, from Friday to Friday during school term. The Mother might propose this if the Father is making a strong case that the children should live with him.
(L-DD9124E)
Application for Final Property Orders
These are orders which the Applicant Husband might seek against the Respondent Wife for sale and division of the former matrimonial home by a particular agent and solicitor, at agreed prices upon agreed terms, and at reducing prices if it doesn’t sell by private treaty or auction within a few months;
- for the husband to buy the wife out of an investment property;
- for the wife to retain her own investment property;
- for the husband to buy the wife out of a family business;
- for the wife to abandon any monies owed to her by the family business;
- for a joint cheque account to be divided;
- for household chattels to be divided and distributed;
- for some jointly-owned shares to go to one party, for each party to retain solely-owned shares; and
- for the parties to retain their own superannuation and bank accounts; and
- for enforcement orders if required.
Application for Interim Property Order
These Interim Property Orders ask a Court to proceed without service of the application upon the husband; and ask the court for orders to keep the husband away from a business and away from the wife’s workplace to give her sole occupancy of the former matrimonial home; orders to prevent a husband emptying a bank account, or selling shares, or drawing on his superannuation; order that the husband pay some spousal maintenance; orders to take rental income from an investment property if he doesn’t pay it; and orders to gather in the proceeds of sale if a sale is already underway.
Very rarely would an applicant want all of these orders. For example, don't ask for orders 1 and 19 unless you really don't know where to find the respondent to effect personal service upon him, or unless you really can show that the respondent is likely to abscond or hide property if he has notice of proceedings. But often an applicant would want something like some of these orders. Insert the real names of all companies, businesses, and banks that should be identified by the orders. Where the husband is the applicant, then the wife becomes the Respondent Wife.
Always remember that the Court decides matters on the evidence before it, not upon the facts as you understand them. If a fact is important, then give direct evidence to establish the fact.
Application for Urgent Interim Parenting Order
This order might be sought by a Wife/Mother against a Husband/Father concerning a young daughter, Jill Smith. The mother seeks an order that the daughter live with her but spend time with the father every second weekend. For caution, the mother seeks orders that the child remain within Sydney, and that the child’s passport be handed in to the Family Court of Australia.
If the mother does not know the father's location, or is afraid of him absconding with the child, she might ask the Court to proceed ex parte (orders 1 and 2). If the father can be located, and the child is safe, the applicant probably should not seek orders 1 and 2.
Separated couples need to clearly define the "handover" arrangements for children. It depends upon who has the car, and the party's respective work and domestic arrangements. In some cases, Order 5 will need to be adapted by nominating "neutral territory" for the site of the handover.
If the parents are not married, either can still start a Parenting Order in the Family Court. The applicant would simply be the Applicant Mother, seeking orders against the Respondent Father. Where the Father is the Applicant, then the Respondent is the Respondent Mother. (L-DD9129F)
Application for Urgent Interim Parenting Order -Extreme Case
These orders are for extreme cases only, where the mother has evidence that the father intends to take the child out of Australia without the mother’s permission.
At the outset of proceedings in the Family Court of Australia, the mother seeks urgent interim orders, made ex parte (without prior notice to the father) –
- to stop the father taking the child out of Australia;
- to notify passport control that the child should not leave Australia;
- to direct police to return the child to the mother to live with the mother until further order;
- to provide that future time between the child and the father should be supervised;
- to require the father to seek medical treatment.
(L-DD9123E)
Appplication for Final Parenting Orders Claimed ByThe Father
These are Parenting Orders, claimed by a father in his application to the Family Court of Australia, concerning two school-age children. The father proposes that the children live in a “shared parenting arrangement” with each parent for alternate weeks, from Friday afternoon to the following Friday afternoon.
Alternatively, if the Court decides that the children shall normally live with their mother, the Father proposes that the children have a regular routine of time with him, including every second weekend; half of school holidays; and on other special days.
The father also proposes that all relevant telephone numbers be exchanged, and that the parties promptly notify each other if there are accidents, injuries, or visits to the doctor. He also seeks to be kept in the loop about the children’s schooling, by means of school reports and so forth. (L-DD9125E)
Australia's manufacturing future
Australia is at a crossroads in manufacturing. With global competition coming from many sources like India and China we are under threat of losing our manufacturing capability. Can we turn this around? How can we compete in this global society? This article by Ray Atkinson examines the issues involved and the way forward if manufacturing is to survive in Australia. (SM-0003)
Character Reference (Criminal Court)
Any State. Precedent for preparing a character reference for a criminal court (Magistrates' Court, Intermediate (District/County) Court, Supreme Court) in any State of Australia: After accused people have pleaded guilty or been found guilty by a Court, the Court begins a sentencing procedure. As part of this procedure, the defence lawyers often wish to tender written character references on behalf of the convicted person, by people who know them well, and who are aware of the conviction, but who nevertheless wish to say that the convicted person has good character and reputation. This template is designed to assist the referee to provide all necessary information, but nevertheless speak in their own words, and to produce a neatly written or typewritten reference bearing the referee's signature. Some character referees might be able to supply their own letterhead. (L-CharRef1)
Commercial Lease - shop - cash incentive
A commercial lease designed for a shop in which the landlord provides a tenant with a cash incentive payment to enter into the lease. The tenant remits GST. The landlord claims an input tax credit. Australian legal agreement.
Commercial Lease - shop - fit-out by tenant as agent
A commercial lease designed for a shop in which the landlord provides a tenant with a fit-out incentive to enter into the lease; the tenant undertakes the fit-out as agent for the landlord, thereby protecting the landlord's right to an input tax credit. Australian legal agreement.
Commercial Lease - shop - fit-out by the landlord
A commercial lease designed for a shop in which the landlord provides a tenant incentive to enter into the lease by offering to fit-out the shop. The landlord carries out the work and retains ownership of the fit-out. Australian legal agreement.
Commercial Lease - shop - rent-free period inducement
A commercial lease designed for a shop in which the landlord provides a tenant with a rent free period as inducement to enter into the lease. The tenant remits GST only on the rent actually paid. Australian legal agreement.
Confidentiality agreement (Deed) - Partnership to Company
Any State. Good for NSW, Vic., SA, WA, NT and ACT. For QLD see L-???? for Tas. see L-????. A confidentiality agreement (or non-disclosure agreement) (deed format) where the disclosure is one way, from a partnership (such as a joint venture player, or project player or a consultant) to a company. Australian legal agreement (any State). (L-3217) non disclosure agreement (NDA)
Confidentiality agreement (Deed) - Person to Person
A confidentiality agreement (or non-disclosure agreement) (deed format) where the disclosure is one way, from a person (the discloser) to another person (such as a possible joint venture player, prior to the formation of the new joint venture company) (the recipient). Australian legal agreement (any State). (L-3223) non disclosure agreement (NDA)
Confidentiality agreement (Deed) - one way (Internat) QUOTE
This is a formal confidentiality agreement (or non-disclosure agreement) used by a party in Australia to give important information to a second party in another country to allow that second party to evaluate and quote their participation in (for example) the manufacturing process, seeking to protect the information from being given to a third party. This is a generic format between a "Disclosing Party" and a "Recipient Party" and either party can be a person, a sole trader, a partnership or a company or an assigned authority for a company under Instrument of Delegation. International legal agreement with dominance by the Australian disclosing party. (L-3284) non disclosure agreement (NDA)
Confidentiality agreement - RFP declaration
This confidentiality agreement is in declaration style and designed for use in and to accompany the RFP to make clear the obligations of both the Issuer and the Respondent. (L-3026) non disclosure agreement (NDA)
Contract for the Sale of Business
This simple agreement for the sale of goodwill in an established business includes business names, addresses on the Internet and associated intellectual property, in addition to the normal stock in trade, fixtures and fittings, plant, trade utensils, implements, licences and quotas, etc. Australian legal agreement (any state) (L-3234)
Cross claim - Licensed builder for work performed on site
Statement of Claim by a licensed builder or tradesman for fees for work at a commercial site. This precedent is for commercial building work only. (Note: For commercial building work, the Home Building Act, which requires residential building contracts and variations to be in writing, does not apply.) (Note: Cross Claims look like Statements of Claim, except that the “Defendant” claims about the “Plaintiff”, and demands a remedy from the Plaintiff.) (L-SOCLicensedBuilder)
Declarative - Event participation form (boxing)
A form for registration for participation in an event proposed by a boxing sponsoring association including recognising risks and indemnification by the registrant of the event sponsoring association against any claims for losses, injury or death caused by or resulting from participation in the event. (N-XXXXXX)
Declarative - Event participation form (cyclist)
A form for registration for participation in an event proposed by a cyclist association including recognising risks and indemnification by the registrant of his/her promoting club and the event association against any claims for losses, injury or death caused by or resulting from participation in the event. (N-XXXXXX)
Declarative - Parental consent to excursion 1
In order to perform duty of care, you must know what care is needed. Each child is different. This form to be filled out by the parent giving informed consent to the child to participate in the excursion and clear details regarding health and allergies etc, and granting indemnity to supervisors if duty of care is complied with. Informed consent requires clear details by the delegated supervisor about what the parent is agreeing to. Both Supervisor and Parent completes with a pen. (N-6000)
Declarative - Parental consent to excursion 2
In order to perform duty of care, you must know what care is needed. Each child is different. This form to be filled out by the parent giving informed consent to the child to participate in the excursion and clear details regarding health and allergies etc, and granting indemnity to supervisors if duty of care is complied with. Informed consent requires clear details by the delegated supervisor about what the parent is agreeing to. Supervisor completes details of the excursion on the screen and parent completes with a pen. (N-6001)
Declarative - Parental consent to excursion 3
Duty of Care in the State of NSW. Exemption under Children and Young Persons (Care and Protection) Act 1998. In order to perform duty of care, you must know what care is needed. Each child is different. This form to be filled out by the parent giving informed consent to the child to participate in the excursion and clear details regarding health and allergies etc, and granting indemnity to supervisors if duty of care is complied with. Informed consent requires clear details by the delegated supervisor about what the parent is agreeing to. Both Supervisor and Parent completes with a pen. (N-6003)
Deed (Contract Under Seal) - Company & CompanyNOTEXT
ANY State. Standard deed (contract under seal) for an agreement between a company and a company. Good for NSW, Victoria, SA, WA, NT and ACT. For QLD see L-????; for Tas. see L-????. Australian legal agreement. (L-9901)
Deed (Contract Under Seal) - Company & PersonNOTEXT
ANY State. Standard deed (contract under seal) for an agreement between a company and a person. Good for NSW, Victoria, SA, WA, NT and ACT. For QLD see L-????; for Tas. see L-????. Australian legal agreement. (L-9900)
Deed (Contract Under Seal) - Partnership & PersonNOTEXT
ANY State. Standard deed (contract under seal) for an agreement between a partnership and a person. Good for NSW, Victoria, SA, WA, NT and ACT. For QLD see L-????; for Tas. see L-????. Australian legal agreement. (L-9907)
Deed (Contract Under Seal) - Person & PersonNOTEXT
ANY State. Standard deed (contract under seal) for an agreement between a person and a person. Good for NSW, Victoria, SA, WA, NT and ACT. For QLD see L-????; for Tas. see L-????. Australian legal agreement. (L-9902)
Deed (Contract Under Seal) - Sole Trader & PersonNOTEXT
ANY State. Standard deed (contract under seal) for an agreement between a sole proprietor and a person. Good for NSW, Victoria, SA, WA, NT and ACT. For QLD see L-????; for Tas. see L-????. Australian legal agreement. (L-9909)
Deed (Contract Under Seal) - impaired speech&hearing NO TEXT
This is a formal deed (contract under seal). This is a generic format between two parties - "Party A" who can be a person, a sole trader, a partnership or a company or an assigned authority for a company under Instrument of Delegation and "Party B" who is a person who has impaired speech and hearing but who can read and write. Party B signs the deed normally but extra care is taken in witnessing. Australian legal agreement (any State). (L-9962)
Deed (Contract Under Seal) - incapacitated/illiterateNO TEXT
This is a formal deed (contract under seal). This is a generic format between two parties - "Party A" who can be a person, a sole trader, a partnership or a company or an assigned authority for a company under Instrument of Delegation and "Party B" who is a person who is incapacitated and/or illiterate and therefore incapable of signing but is normal in every other regard. In this example the person places a "mark" in lieu of signing. Australian legal agreement (any State). (L-9960)
Deed (Contract Under Seal) - incapacitated/mark NO TEXT
This is a formal deed (contract under seal). This is a generic format between two parties - "Party A" who can be a person, a sole trader, a partnership or a company or an assigned authority for a company under Instrument of Delegation and "Party B" who is a person who is incapacitated and who can read but because of the incapacity cannot write. In this example the person places a "mark" in lieu of signing. Australian legal agreement (any State). (L-9961)
Deed (Contract Under Seal) - incapacity/attorney NO TEXT
This is a formal deed (contract under seal). This is a generic format between two parties - "Party A" who can be a person, a sole trader, a partnership or a company or an assigned authority for a company under an Instrument of Delegation and "Party B" who is a person who is incapacitated and who can read but because of the incapacity cannot write. In this example an attorney signs on behalf of Party B. Australian legal agreement (any State). (L-9963)
Deed (Contract Under Seal) - mentally ill/commiss NO TEXT
This is a formal deed (contract under seal). This is a generic format between two parties - "Party A" who can be a person, a sole trader, a partnership or a company or an assigned authority for a company under an Instrument of Delegation and "Party B" who is a person who is mentally ill but who can read and write. In this example Party B signs but is looked after by his/her protective commissioner who also acts as witness. Australian legal agreement (any State). (L-9964)
Deed *generic WITH TEXT - Company to Company
New. This generic deed is suitable for a deed between two corporations in the States/Territories of NSW, Victoria, South Australia, Western Australia, Northern Territory and the ACT.
In its template form it says nothing and does nothing. However it contains useful interpretation clauses, useful implementation clauses, and confidentiality clauses.
In its first section the template contains ample fields where the customer can insert a "recital" of the circumstances giving rise to the deed. In its "operative" section the template contains:
* Covenants (undertakings) of each of the parties. For example: "The First Party shall ... do such and such by a certain date ...."
* Mutual Agreements of the parties. For example: "The Parties hereby agree that the matter shall be agreed without the need for any court proceedings in relation to the subject matter of the recital and operative part of this Deed and that the Arbitrator’s finding shall be considered as final and binding on both parties." or
"The Parties hereby agree that this Deed may be pleaded in bar to any court proceedings in relation to the subject matter of the recital and operative part of this Deed". This deed does not contain such agreements but includes a section called "Mutual Agreements" for such agreements.
* Declarations of the parties. Some examples appear in the template.
Good luck, and remember: agreements that aren't in writing aren't worth the paper they are not written on. (L-9140)
Deed Poll (Generic)
A good place to start. A simple deed poll that gives generic wording that allows you to declare, renounce, surrender, revoke, undertake, accept, acknowledge, guarantee, ensure, etc. Good for NSW, Victoria, SA, WA, NT and ACT. For QLD see L-3358; for Tas. see L-3360. Australian deed poll template precedent. (L-3359)
Deed Poll (Generic) QLD
A good place to start. A simple deed poll that gives generic wording that allows you to declare, renounce, surrender, revoke, undertake, accept, acknowledge, guarantee, ensure, etc. Good for QLD; for Tas. see L-3360. For other states see L-3359. Australian deed poll template precedent. (L-3358)
Deed Poll (Generic) Tas.
A good place to start. A simple deed poll that gives generic wording that allows you to declare, renounce, surrender, revoke, undertake, accept, acknowledge, guarantee, ensure, etc. Good for Tasmania; for QLD. see
L-3358. For other states see L-3359. Australian deed poll template precedent. (L-3360)
Deed Poll - Confidentiality Declaration by subbie AllotherSt
New South Wales, Victoria, South Australia, Western Australia, Northern Territory and the Australian Capital Territory. A sub-contractor employed under a separate contract with the Contractor signs under Deed Poll an undertaking to keep confidential information supplied to him/her for work under the original Contract between the Principal and the Contractor. This is an interesting document. It uses the Deed Poll format so that the subbie can sign it without the need for formal sign off of three way agreements between the subby and the other two parties which are a hassle to obtain and provide little more than the Deed Poll. This way, the subbie can sign it off him/herself and all (s)he needs is a witness. Half of the deed describes details regarding the contract between the Principal and Contractor (under "I understand that ...") and the other half is made up of undertakings by the subbie (that "I will ..." and "I will not .."). This means that the original supply contract can be executed between the Principal and the Contractor to get the project under way and the Deed Poll can be executed later by the subcontractor. There is also a place for describing legal clauses from Acts and Regulations (such as the Crimes Act) that impact on confidentiality that can place the subbie under notice that fines or imprisonment might apply. By describing them here the subby is making sure that (s)he knows (and anybody reading the Deed knows that (s)he knows) what (s)he is entering into. (L-3362) non disclosure agreement (NDA)
Deed Poll - Confidentiality Declaration by subbie QLD
A sub-contractor employed in Queensland under a separate contract with the Contractor signs under Deed Poll an undertaking to keep confidential information supplied to him/her for work under the original Contract between the Principal and the Contractor. This is an interesting document. It uses the Deed Poll format so that the subbie can sign it without the need for formal sign off of three way agreements between the subby and the other two parties which are a hassle to obtain and provide little more than the Deed Poll. This way, the subbie can sign it off him/herself and all (s)he needs is a witness. Half of the deed describes details regarding the contract between the Principal and Contractor (under "I understand that ...") and the other half is made up of undertakings by the subbie (that "I will ..." and "I will not .."). This means that the original supply contract can be executed between the Principal and the Contractor to get the project under way and the Deed Poll can be executed later by the subcontractor. There is also a place for describing legal clauses from Acts and Regulations (such as the Crimes Act) that impact on confidentiality that can place the subbie under notice that fines or imprisonment might apply. By describing them here the subby is making sure that (s)he knows (and anybody reading the Deed knows that (s)he knows) what (s)he is entering into. (L-3364DeedPoll QLD) non disclosure agreement (NDA)
Deed Poll - Confidentiality Declaration by subbie Tas.
A sub-contractor employed in Tasmania under a separate contract with the Contractor signs under Deed Poll an undertaking to keep confidential information supplied to him/her for work under the original Contract between the Principal and the Contractor. This is an interesting document. It uses the Deed Poll format so that the subbie can sign it without the need for formal sign off of three way agreements between the subby and the other two parties which are a hassle to obtain and provide little more than the Deed Poll. This way, the subbie can sign it off him/herself and all (s)he needs is a witness. Half of the deed describes details regarding the contract between the Principal and Contractor (under "I understand that ...") and the other half is made up of undertakings by the subbie (that "I will ..." and "I will not .."). This means that the original supply contract can be executed between the Principal and the Contractor to get the project under way and the Deed Poll can be executed later by the subcontractor. There is also a place for describing legal clauses from Acts and Regulations (such as the Crimes Act) that impact on confidentiality that can place the subbie under notice that fines or imprisonment might apply. By describing them here the subby is making sure that (s)he knows (and anybody reading the Deed knows that (s)he knows) what (s)he is entering into. (L-3363DeedPoll TAS) non disclosure agreement (NDA)
Deed of Future Gift - Gratuitous Promise - QLD
This deed is used for a simple gratuitous promise to transfer ownership of itemised object(s) in the State of Queensland. A gratuitous promise is a promise to transfer money or property to someone who is not providing anything in return. In this version the transfer of ownership is at some date in the future. It includes a release form to be signed by the receiver upon receipt of the object(s), thereby completing the deal.This is the "generic" version useful for a person, a partnership, a company or under Instrument of Delegation. (L-3039 generic QLD)
Deed of Future Gift - Gratuitous Promise - QLD P2P
This deed is used for a simple gratuitous promise to transfer ownership of itemised object(s) in the State of Queensland. A gratuitous promise is a promise to transfer money or property to someone who is not providing anything in return. In this version the transfer of ownership is at some date in the future. It includes a release form to be signed by the receiver upon receipt of the object(s), thereby completing the deal. This is the "person to person" version. (L-3039 P2P QLD)
Deed of Future Gift - Gratuitous Promise - Tas.
This deed is used for a simple gratuitous promise to transfer ownership of itemised object(s) in the State of Tasmania. A gratuitous promise is a promise to transfer money or property to someone who is not providing anything in return. In this version the transfer of ownership is at some date in the future. It includes a release form to be signed by the receiver upon receipt of the object(s), thereby completing the deal. This is the "generic" version useful for a person, a partnership, a company, or under Instrument of Delegation. (L-3039 generic Tas.)
Deed of Future Gift - Gratuitous Promise - Tas. P2P
This deed is used for a simple gratuitous promise to transfer ownership of itemised object(s) in the State of Tasmania. A gratuitous promise is a promise to transfer money or property to someone who is not providing anything in return. In this version the transfer of ownership is at some date in the future. It includes a release form to be signed by the receiver upon receipt of the object(s), thereby completing the deal. This is the "person to person" version. (L-3039 P2P Tas.)
Deed of Future Gift-Gratuit Promise-ACT,NSW,NT,SA,Vic,WA
This deed is used for a simple gratuitous promise to transfer ownership of itemised object(s) in the State/Territory of New South Wales, Victoria, South Australia, Western Australia, Australian Capital Territory, and Northern Territory. A gratuitous promise is a promise to transfer money or property to someone who is not providing anything in return. In this version the transfer of ownership is at some date in the future. It includes a release form to be signed by the receiver upon receipt of the object(s), thereby completing the deal. This is the "generic" version useful for a person, a partnership, a company, or under Instrument of Delegation. (L-3182 generic allother)
Deed of Future Gift-Gratuit Promise-ACT,NSW,NT,SA,Vic,WA P2P
This deed is used for a simple gratuitous promise to transfer ownership of itemised object(s) in the State/Territory of New South Wales, Victoria, South Australia, Western Australia, Australian Capital Territory, and Northern Territory. A gratuitous promise is a promise to transfer money or property to someone who is not providing anything in return. In this version the transfer of ownership is at some date in the future. It includes a release form to be signed by the receiver upon receipt of the object(s), thereby completing the deal. This is the "person to person" version. (L-3186 P2P allother)
Deed of Future Settlement - Promise keeps us out of cou(QLD)
This "deed" is used for a promise to transfer money at a future date in the State of Queensland. This is an interesting example. The parties had a ruling by the Court and an Order but subsequent matters have exposed an obligation to pay that was not properly dealt with in the Order. Because the matter is separate from the matters dealt with by the Order, the parties have agreed on an amount of obligation and to a settlement at some date in the future, thereby making it unnecessary to seek revision of the Order. It is "executed" by both parties before a witness. It includes a "release form" to be signed by the receiver upon settlement thereby completing the deal. (L-3295)
Deed of Gift - Immediate Transfer - ACT,NSW,NT,SA,Vic,WA
This deed is used for a simple transfer of ownership of itemised object(s) as gratuitous gift(s) in the States of New South Wales, Victoria, South Australia, Western Australia, Northern Territory and the Australian Capital Territory. A gratuitous gift is a transfer of money or property to someone who is not providing anything in return. In this version, the offer by the giver and transfer of ownership is immediate upon execution of the instrument, as is the acceptance and acknowledgement by the receiver. This all happens within the deed, removing the need for a separate release form. This is the "generic" version useful for a person, a partnership, a company, or under Instrument of Delegation. (L-3189Gift Allother Generic)
Deed of Gift - Immediate Transfer - ACT,NSW,NT,SA,Vic,WA P2P
This deed is used for a simple transfer of ownership of itemised object(s) as gratuitous gift(s) in the States of New South Wale, Victoria, South Australia, Western Australia, Northern Territory and the Australian Capital Territory. A gratuitous gift is a transfer of money or property to someone who is not providing anything in return. In this version, the offer by the giver and transfer of ownership is immediate upon execution of the instrument, as is the acceptance and acknowledgement by the receiver. This all happens within the deed, removing the need for a separate release form. This is the "person to person" version. (L-3194Gift Allother P2P)
Deed of Gift - Immediate Transfer - QLD
This deed is used for a simple transfer of ownership of itemised object(s) as gratuitous gift(s) in the State of Queensland. A gratuitous gift is a transfer of money or property to someone who is not providing anything in return. In this version, the offer by the giver and transfer of ownership is immediate upon execution of the instrument, as is the acceptance and acknowledgement by the receiver. This all happens within the deed, removing the need for a separate release form. This is the "generic" version useful for a person, a partnership, a company, or under Instrument of Delegation. (L-3037Gift QLD Generic)
Deed of Gift - Immediate Transfer - QLD P2P
This deed is used for a simple transfer of ownership of itemised object(s) as gratuitous gift(s) in the State of Queensland. A gratuitous gift is a transfer of money or property to someone who is not providing anything in return. In this version, the offer by the giver and transfer of ownership is immediate upon execution of the instrument, as is the acceptance and acknowledgement by the receiver. This all happens within the deed, removing the need for a separate release form. This is the "person to person" version. (L-3193Gift QLD P2P)
Deed of Gift - Immediate Transfer - Tas.
This deed is used for a simple transfer of ownership of itemised object(s) as gratuitous gift(s) in the State of Tasmania. A gratuitous gift is a transfer of money or property to someone who is not providing anything in return. In this version, the offer by the giver and transfer of ownership is immediate upon execution of the instrument, as is the acceptance and acknowledgement by the receiver. This all happens within the deed, removing the need for a separate release form. This is the "generic" version useful for a person, a partnership, a company, or under Instrument of Delegation. (L-3188Gift TAS Generic)
Deed of Gift - Immediate Transfer - Tas. P2P
This deed is used for a simple transfer of ownership of itemised object(s) as gratuitous gift(s) in the State of Tasmania. A gratuitous gift is a transfer of money or property to someone who is not providing anything in return. In this version, the offer by the giver and transfer of ownership is immediate upon execution of the instrument, as is the acceptance and acknowledgement by the receiver. This all happens within the deed, removing the need for a separate release form. This is the "person to person" version. (L-3191Gift Tas. P2P)
Deed of Loan
A simple deed that accompanies a commercial loan to facilitate the start up of a new business. (L-3016)
Deed of Release
This deed of release releases one party from the possibility of further action by a second party in relation to a possible claim for compensation in return for a lump sum payment. (L-3017)
Deed of Release - ACT,NSW,NT,SA,Vic,WA
This simple deed is used for a one party to release a second party from the possibility of further action in relation to a possible claim for compensation in return for a lump sum payment in the State/Territory of New South Wales, Victoria, South Australia, Western Australia, Australian Capital Territory, and Northern Territory. This is the "generic" version useful for a person, a partnership, a company, or under Instrument of Delegation. (L-3202 Generic allother)
Deed of Release - ACT,NSW,NT,SA,Vic,WA P2P
This simple deed is used for a one party to release a second party from the possibility of further action in relation to a possible claim for compensation in return for a lump sum payment in the State/Territory of New South Wales, Victoria, South Australia, Western Australia, Australian Capital Territory, and Northern Territory. This is the "person to person" version. (L-3202 P2P allother)
Deed of Release - QLD
This simple deed is used for a one party to release a second party from the possibility of further action in relation to a possible claim for compensation in return for a lump sum payment in the State of Queensland. This is the "generic" version useful for a person, a partnership, a company, or under Instrument of Delegation. (L-3200 Generic allother)
Deed of Release - QLD - P2P
This simple deed is used for a one party to release a second party from the possibility of further action in relation to a possible claim for compensation in return for a lump sum payment in the State of Queensland. This is the "person to person" version. (L-3198 P2P QLD)
Deed of Release - Tas.
This simple deed is used for a one party to release a second party from the possibility of further action in relation to a possible claim for compensation in return for a lump sum payment in the State of Tasmania. This is the "generic" version useful for a person, a partnership, a company, or under Instrument of Delegation. (L-3196 Generic allother)
Deed of Release - Tas. - P2P
This simple deed is used for a one party to release a second party from the possibility of further action in relation to a possible claim for compensation in return for a lump sum payment in the State of Tasmania. This is the "person to person" version. (L-3197 P2P Tas.)
Deed of Sale - Future Transfer - ACT,NSW,NT,SA,Vic,WA P2P
This deed is used for the sale of itemised object(s) of sale in the States of New South Wales, Victoria, South Australia, Western Australia, Northern Territory and the Australian Capital Territory. In this version the transfer of ownership is at some date in the future. It includes a release form to be signed by the purchaser upon receipt of the object(s), thereby completing the deal. This is a "private sale" ("person to person"). The vendor states that GST does not apply but if it does (s)he will take care of all responsibilities and benefits related to the sale with the ATO. (L-3288Sale Allother Private)
Deed of Sale - Future Transfer - QLD. P2P
This deed is used for the sale of itemised object(s) of sale in the State of Queensland. In this version the transfer of ownership is at some date in the future. It includes a release form to be signed by the purchaser upon receipt of the object(s), thereby completing the deal. This is a "private sale" ("person to person"). The vendor states that GST does not apply but if it does (s)he will take care of all responsibilities and benefits related to the sale with the ATO. (L-3036Sale QLD Private)
Deed of Sale - Future Transfer - Tas. P2P (formal)
This deed is used for the sale of itemised object(s) of sale in the State of Tasmania. In this version the transfer of ownership is at some date in the future. It includes a release form to be signed by the purchaser upon receipt of the object(s), thereby completing the deal. This is a "private sale" ("person to person"). The vendor states that GST does not apply but if it does (s)he will take care of all responsibilities and benefits related to the sale with the ATO. (L-3035Sale Tas.Private)
Deed of Sale - Immediate Transfer - ACT,NSW,NT,SA,Vic,WA P2P
This deed is used for the sale of itemised object(s) of sale in the States of New South Wales, Victoria, South Australia, Western Australia, Northern Territory and the Australian Capital Territory. In this version, the offer by the vendor and transfer of ownership is immediate upon execution of the instrument, as is the acceptance and acknowledgement and payment by the purchaser. This all happens within the deed, removing the need for a separate release form. This is a "private sale" ("person to person"). The vendor states that GST does not apply but if it does (s)he will take care of all responsibilities and benefits related to the sale with the ATO. (L-3034Sale Allother Private)
Deed of Sale - Immediate Transfer - QLD P2P
This deed is used for a simple sale of and transfer of ownership of itemised object(s) in the State of Queensland. In this version, the offer by the vendor and transfer of ownership is immediate upon execution of the instrument, as is the acceptance and acknowledgement and payment by the purchaser. This all happens within the deed, removing the need for a separate release form. This is a "private sale" ("person to person"). The vendor states that GST does not apply but if it does (s)he will take care of all responsibilities and benefits related to the sale with the ATO. (L-3031 Sale QLD P2P)
Deed of Sale - Immediate Transfer - Tas. P2P
This deed is used for a simple sale of and transfer of ownership of itemised object(s) in the State of Tasmania. In this version, the offer by the vendor and transfer of ownership is immediate upon execution of the instrument, as is the acceptance and acknowledgement and payment by the purchaser. This all happens within the deed, removing the need for a separate release form. This is a "private sale" ("person to person"). The vendor states that GST does not apply but if it does (s)he will take care of all responsibilities and benefits related to the sale with the ATO. (L-3032 Sale Tas. P2P)
Deed of Surrender of Lease
New. A lease is a right of exclusive occupancy of another's land, for a defined period. The landowner, the "landlord" sells its right of occupancy to the "tenant" in consideration for a fee, usually regular payments of rent. When the parties enter the original lease, a term of the lease is normally defined, and the tenant is normally obliged to pay rent for that entire period.
Sometimes the landlord will want the tenant to leave before the term is up. This Deed is an Agreement that the tenant surrender the lease, in return for a payment from the landlord for doing so, in the States/Territories of NSW, Victoria, South Australia, Western Australia, Northern Territory and the ACT.
Sometimes however the tenant will pay for the privilege of quitting early. In this situation, the template should be amended so that the fee for the early surrender of the lease is paid by the tenant to the landlord.
In either case the Deed should spell out the entire agreement of the parties, including the agreed obligations of who will remove tenant's fixtures, who will pay water rates for what period, and so on. (L-9985)
Defendant’s Offer to Settle - “Calderbank Offer”
A Plaintiff might sue you for $50K in circumstances where you admit that you owe $20K, but no more.
If you are a Defendant in these circumstances, you might dig your heels in and "refuse to pay a cent" until proceedings are finished. Unfortunately, at the end of the case, the judge might order you to pay the twenty thousand dollars, PLUS another $20K in costs. It was very expensive to defend that case.
To reduce the risk of orders for COSTS, you can an offer to pay the $20K, in an offer that is confidential until the end of proceedings. If the Plaintiff gets less than your settlement offer, you can then tender your offer and say:
The Plaintiff should have accepted my offer. By refusing my offer, the Plaintiff wasted the Court’s time, and incurred unnecessary legal costs, and inflicted costs upon me for no good reason. The Plaintiff should pay ALL MY COSTS, since the date of my offer”.
This sort of offer is known as a “Calderbank Offer”.
In Berrigan Shire Council v Ballerini (No 2) [2006] VSCA 65 the Victorian Court of Appeal judge Callaway JA said: “The correct approach is to treat the rejection of a Calderbank offer as a matter to which the Court of Appeal should have regard when considering whether to order indemnity costs. In the end the question is whether the offeree’s failure to accept the offer, in all the circumstances, warrants departure from the ordinary rules as to costs. The test to be applied is whether the rejection of the offer was unreasonable in the circumstances.”
Make your offer “reasonable” – a generous compromise. It doesn’t hurt to add some explanation as to why the Plaintiff should take the money and run, before costs escalate further.
Here is a template which you might adapt to your own proceedings. [L-DD9118E]
ERP & Management Commitment! What ...?
ERP and Management Commitment! What does it really mean? One of the ten main reasons ERP systems implementations fail to match expectations or fail is “The Lack of Top Management Commitment”. Beyond signing off on the project and committing the company’s resources to the project, what more is expected of the senior management? This article, by Ray Atkinson, talks directly to senior management about their role. (SM-008)
ERP, yesterday’s great vision!
ERP, yesterday’s great vision! Today we don’t discuss it in public! The amount of corporate effort, not to mention cost, that goes into an ERP acquisition and implementation can run into many millions of dollars. Its implementation can severely damage a company and it is not unknown for a company to end up bankrupt as a result. We are now seeing multi-million dollar lawsuits emerging as companies are no longer prepared to be misled into spending millions only to find that the information that they were given and were working with was less than accurate.To fully understand what is happening here we must firstly go back to basics. This article, by Ray Atkinson, gives us “The Devil’s Triangle” ... (SM-0007)
Heads of Agreement
A generalised Heads of Agreement document for recording the agreement between three parties, to be signed by the three parties following their agreement, from which a formal legal contract will be built. It is designed to be legally binding but only requires a high level description of the agreement, leaving the rest to the lawyers. International legal document. (C-1024)
How To Draft An Affidavit
New. For use in the Federal Court, Magistrates' Court, Intermediate (District/County) Court, or in the Supreme Court. The forms supplied free by websites such as LawLink contain a space where the deponent (the maker of the affidavit) types or writes what he or she wants to say on oath or affirmation. Non-lawyers find it difficult to say their evidence in a form which is relevant and admissible in the eyes of the court. Hence deponents might like to look at the following guide to "How To Draft Affidavits" - a short list of DO's and DON'T's - which might assist in making the text affidavit into something relevant and admissible and also persuasive. (L-HowTo2)
HowTo Object To Evidence
A "Cheat Sheet" for a barrister or a solicitor (or for a client to understand what's going on in the mind of the barrister or the Judge or the Magistrate in a court case in Australia) in relation to evidence provided by the other side.
Court cases are decided according to law and on the evidence. If you are a party to court proceedings, you need to tender the evidence that supports your case. DocDownloand publishes a Guide on How to Draft Affidavits.
In court, you also need to oppose the evidence of the opposing party, where it disagrees with you. This includes "Objecting" to this evidence, if it violates the "Rules Of Evidence".
The main Rules Of Evidence in Australia are contained the in the Evidence Act of the Commonwealth, and of each State. These Acts are not identical, but they are very similar. Legal publishers also publish entire textbooks on "Evidence Law" which contain hundreds of "rules" and hundreds of "exceptions".
DocDownloand does not give legal advice and, of course, we cannot list all the rules. You can download the Evidence Acts yourself for free. But here we list some of the main rules in this "Guide to Objecting to Evidence".
Remember that you object not because you disagree, or think it is a lie, but because the question or the answer or the statement is "inadmissible".
In court proceedings, a party or their counsel (usually their solicitor or barrister) makes objections to:
(a) spoken and written evidence, including -
i. the whole answer, or entire paragraphs of an affidavit or statement,
ii. sentences, or
iii. phrases and words, and
(b) questions asked of a witness
Objections are based upon -
(a) the "inadmissibility" of the oral evidence or deposition (affidavit or statement),
(b) the "incompetence" of the witness,
(c) the "form" or "subject-matter" of the question.
Different objections apply to "examination-in-chief", "cross-examination", and "re-examination".
All of these matters are given some definition in our cheat sheet.(L-HowTo3)
Lean Manufacturing or Six Sigma?
Six Sigma or Lean Manufacturing thinking? Which is the best one to use for problem-solving across the organisation? This article, by Ray Atkinson, examines from a consultant's practical experience, problem-solving using both tools. (SM-0006)
 
Legal Briefing -Coy briefs solicitor re COMMERCIAL
'Civil litigation', in the widest sense of the word, includes all litigation other than criminal prosecutions. However 'civil litigation' also has a narrower meaning, meaning claims in contract, or claims in tort (meaning a civil wrong, such as an act of negligence). Here we use civil in this narrower sense.
Normally a civil solicitor's job starts with an initial face to face interview with the new client. However, when the client is a corporation, the officer with responsibility for briefing the solicitor might not be a witness to relevant facts. How many people should go to the initial interview? It is difficult to know.
A corporation (a separate person in the eyes of the law) acts and thinks through one or more individual persons (directors, company secretary, executive officers) each of whom may know different parts of the big picture. This document can be assembled with input from several company officers, to set out the bigger picture, prior to an interview between the lawyer and the company officer appointed to give the briefing.
A written brief also helps because memories fade, but writing doesn't. While the witnesses' memories are fresh, the corporation can gather as as many important details as possible. It is better to say too much now, than to remember something important when the court case is almost over.
This briefing, which can also be called 'confidential written instructions', can also economise on legal costs. Normally the human eye reads about three times as fast as the normal human mouth can speak. The reader may of course go back and read something a second time, but that is less disruptive than a listener asking a speaker to repeat themselves.
Remember that most court cases are decided on the evidence rather than on the facts. If there is no evidence of the fact, then it doesn't exist in court. So start collecting the evidence sooner rather than later. That includes eye witness testimony, and relevant documents. Open up a confidential 'litigation file' and assemble all relevant documents and witness statements' your lawyer will need it.
Provided this briefing is created for the purpose of obtaining legal advice and representation, it should remain confidential at all times. Do not produce multiple photocopies if this document.
(L-DD9103E)
Legal Briefing -Coy briefs solicitor re CRIMINAL
Normally a criminal solicitor’s job starts with an initial face to face interview with the new client. However, if the solicitor or the client corporation are in a hurry, or afraid of missing some important details, the client might ensure that the available time is used to maximum benefit, by recording in writing some details the solicitor might need to know sooner rather than later. It also helps to combine the thoughts of several people in one document. A corporation acts and thinks one or more individual persons (directors, company secretary, executive officers) each of whom may know different parts of the big picture. This document can be assembled with input from several company officers, to set out the bigger picture, prior to an interview between the lawyer and the company officer appointed to give the briefing. Provided the document is created for the purpose of obtaining legal advice and representation, it should remain confidential at all times. Do not produce multiple photocopies if this document. (L-DD9101E)
Legal Briefing -Person briefs solicitor re COMMERCIAL
'Civil litigation', in the widest sense of the word, includes all litigation other than criminal prosecutions. However 'civil litigation' also has a narrower meaning, meaning claims in contract, or claims in tort (meaning a "civil" wrong, such as an act of negligence). Here we use "civil" in this narrower sense.
Normally a civil solicitor's job starts with an initial face to face interview with the new client. However, if the solicitor or the client are in a hurry, or afraid of missing some important details, the client might ensure that the available time is used to maximum benefit, by recording in writing some details the solicitor might need to know sooner rather than later. It also helps that memories fade, but writing doesn't. While your memory is fresh, and in your own time, set down as many important details as possible. It is better to say too much now, than to remember something important when the court case is almost over.
This briefing, which can also be called 'confidential written instructions', can also economise on legal costs. Normally the human eye reads about three times as fast as the normal human mouth can speak. The reader may of course go back and read something a second time, but that is less disruptive than a listener asking a speaker to repeat themselves.
Remember that most court cases are decided on the evidence rather than on the facts. If there is no evidence of the fact, then it doesn't exist in court. So start collecting the evidence sooner rather than later. That includes eye witness testimony, and relevant documents.
Provided this briefing is created for the purpose of obtaining legal advice and representation, it should remain confidential at all times. Do not produce multiple photocopies if this document. (L-DD9102E)
Legal Briefing -Person briefs solicitor re CRIMINAL
Normally a criminal solicitor’s job starts with an initial face to face interview with the new client. However, if the solicitor or the client are in a hurry, or afraid of missing some important details, the client might ensure that the available time is used to maximum benefit, by recording in writing some details the solicitor might need to know sooner rather than later. This document, can be called a briefing or “confidential written instructions”. When completed it is a communication between a client and a lawyer for the purpose of obtaining legal advice and representation, and it should remain confidential. Do not produce multiple photocopies if the completed document. (L-DD9100E)
Legal Briefing -Solicitor briefs barrister re CoyCRIMINAL
Brief by a solicitor to a barrister concerning a corporate client in a criminal matter. Barristers can be hard to please. They are heard to complain that their briefs comprise 'not enough observations' or 'too many observations'. Or too many lever arch files.
However, most lawyers ' barristers and solicitors ' seem to agree that a brief need not be a great work of literature. But it does need to (a) be delivered in good time, and (b) under cover of instructions that contain the essential information, so that the barrister never subsequently complains 'why didn't you tell me about that?'.
This document can be adapted to become a pro forma covering brief in criminal matters. (L-DD9097E)
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