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  • Trust

    Trust

    • Acknowledgement of Trust (already own asset) - $165
    • Change Appointor and/or Guardian of Family Trust - $110
    • Change of Name of Family Trust - $110
    • Change Trustee of Family Trust - $110
    • Dealing with Forgiven Debts (White Paper) - $55
    • Debt Recognition (including pre-Div 7A Loans) - $33
    • Declaration of Trust (before you buy) - $110
    • Div 7A Loan Agreement - $65
    • Div 7A Loan Agreement for UPE - $65
    • Family Trust - $165
    • Family Trust - Streaming & Bamford Update - $165
    • Family Trust - Update to Allow Change of Appointor and Guardian - $165
    • Family Trust - Update to allow Sole Trustee - $55
    • Family Trust - Update to Exclude Foreign Persons (NSW) - $198
    • Family Trust - Wind up/Vesting - $259
    • Forgiveness of Debt - $121
    • Opening Minutes for the Unit Trust - $33
    • Partnership Deed - $220
    • Release of Unpaid Trust Entitlement - $121
    • The new small business restructure roll-over rules in practice (White Paper) - $55
    • Trust Distribution Minutes Library for 2008/09 - $99
    • Trust Distribution Minutes Library for 2009/10 - $99
    • Trust Distribution Minutes Library for 2010/11 - $99
    • Trust Distribution Minutes Library for 2011/12 - $99
    • Trust Distribution Minutes Library for 2012/13 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2012/13 - Single-Use - $110
    • Trust Distribution Minutes Library for 2013/14 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2013/14 - Single-Use - $110
    • Trust Distribution Minutes Library for 2014/15 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2014/15 - Single-Use - $110
    • Trust Distribution Minutes Library for 2015/16 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2015/16 - Single-Use - $110
    • Trust Distribution Minutes Library for 2016/17 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2016/17 - Single-Use - $110
    • Trust Distribution Minutes Library for 2017/18 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2017/18 - Single-Use - $110
    • Trust Distribution Minutes Library for 2018/19 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2018/19 - Single-Use - $110
    • Trust Distribution Minutes Library for 2019/20 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2019/20 - Single-Use - $121
    • Trust Distribution Minutes Library for 2020/21 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2020/21 - Single-Use - $121
    • Trust Distribution Minutes Library for 2021/22 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2021/22 - Single-Use - $121
    • Trust Distribution Minutes Library for 2022/23 - Multi-Use - $363
    • Trust Distribution Minutes Library for 2022/23 - Single-Use - $132
    • Trust Distribution Minutes Library for 2023/24 - Multi-Use - $363
    • Trust Distribution Minutes Library for 2023/24 - Single-Use - $132
    • Trust Distribution Minutes Library for 2024/25 - Multi-Use - $363
    • Trust Distribution Minutes Library for 2024/25 - Single-Use - $132
    • Unit Trust - $165
    • Unit Trust - Add New Member Kit - $110
  • Superannuation

    Superannuation

    • Acknowledgement of Trust (already own asset) - $165
    • Commercial Lease - $275
    • Declaration of Trust (before you buy) - $110
    • Derivative Risk Statement for SMSF - $65
    • Investment Strategy for Self Managed Super 15/16 - $65
    • Investment Strategy for Self Managed Super 16/17 - $65
    • Investment Strategy for Self Managed Super 17/18 - $65
    • Investment Strategy for Self Managed Super 18/19 - $65
    • Investment Strategy for Self Managed Super 19/20 - $65
    • Investment Strategy for Self Managed Super 20/21 - $65
    • Investment Strategy for Self Managed Super 21/22 - $65
    • Investment Strategy for Self Managed Super 22/23 - $65
    • Investment Strategy for Self Managed Super 23/24 - $65
    • Investment Strategy for Self Managed Super 24/25 - $65
    • Pension Pack for Self Managed Super - $299
    • Product Disclosure Statement (general) - $66
    • Product Disclosure Statement (Pension only) - $99
    • Self Managed Superannuation Fund Deed - $165
    • SMSF - Minute to Appoint Administrator - $33
    • SMSF - Minute to Appoint an Auditor - $33
    • SMSF - Minute to Approve Financial Statements - $33
    • SMSF - Minute to Insure The Members - $33
    • SMSF - Update Rules - $165
    • SMSF Limited Recourse Borrowing Arrangement - $330
    • SMSF Restricted Commercial Property Assessment - $695
    • SMSF Restricted Residential Property Assessment - $315
    • Statutory Declaration - $0
  • Estate Planning

    Estate Planning

    • Codicil to change the Executor - $99
    • Confidentiality Agreement (Non Disclosure) - $99
    • Debt Recognition (including pre-Div 7A Loans) - $33
    • Enduring Power of Attorney - NSW - $55
    • Enduring Power of Attorney - SA - $55
    • Enduring Power of Attorney - WA - $55
    • Enduring Power of Attorney (Financial, Personal/Health) - QLD - $55
    • Enduring Power of Guardianship - NSW - $55
    • Enduring Power of Guardianship - WA - $55
    • Power Of Attorney By Company - $99
    • Will - Married or Defacto No Children - $95
    • Will - Married or Defacto with Children - $95
    • Will - Single No Children - $110
    • Will - Single With Children - $110
  • Commercial

    Commercial

    • Advanced Legal Health Check for Businesses - $18
    • Buy a House with Friends Agreement - $110
    • Commercial Lease - $275
    • Confidentiality Agreement (Non Disclosure) - $99
    • Co-Owners Agreement - $110
    • Dealing with Forgiven Debts (White Paper) - $55
    • Debt Recognition (including pre-Div 7A Loans) - $33
    • Declaration of Trust (before you buy) - $110
    • Demand and Statement of Claim for Debt - NSW - $88
    • Demand and Summons for Debt - VIC - $88
    • Demand and Summons for Debt - WA - $88
    • Div 7A Loan Agreement - $65
    • Div 7A Loan Agreement for UPE - $65
    • Forgiveness of Debt - $121
    • Loan Agreement (No Security) - $110
    • Release of Unpaid Trust Entitlement - $121
    • Statutory Declaration - $0
    • The new small business restructure roll-over rules in practice (White Paper) - $55
  • Employment

    Employment

    • Confidentiality Agreement (Non Disclosure) - $99
    • Employment - Conduct Issues Letter - $33
    • Employment - Employee Expenses Policy - $55
    • Employment - Performance Issues Letter - $33
    • Employment - Request for Medical Information - $33
    • Employment - Termination Letter - $33
    • Employment - Transferring Employee Letter - $33
    • Employment Contract - $120
    • Independent Contractors Agreement - $110
    • Partnership Deed - $220
    • Statutory Declaration - $0
  • Company

    Company

    • Acknowledgement of Trust (already own asset) - $165
    • Adopt Committee Recommendations kit - $33
    • Appoint a Committee kit - $33
    • Appoint an Alternate Director kit - $33
    • Appoint Managing Director & Confer Powers kit - $33
    • Buy a House with Friends Agreement - $110
    • Change Registered Office kit - $33
    • Commercial Lease - $275
    • Company (ELodgement) - $716
    • Company (No Elodgement) - $99
    • Company Constitution Update - $99
    • Confidentiality Agreement (Non Disclosure) - $99
    • Co-Owners Agreement - $110
    • Debt Recognition (including pre-Div 7A Loans) - $33
    • Declaration of Trust (before you buy) - $110
    • Demand and Statement of Claim for Debt - NSW - $88
    • Demand and Summons for Debt - VIC - $88
    • Demand and Summons for Debt - WA - $88
    • Director‘s Indemnity Agreement - Compulsory Insurance - $197
    • Director‘s Indemnity Agreement - No Insurance - $197
    • Div 7A Loan Agreement - $65
    • Div 7A Loan Agreement for UPE - $65
    • Employment Contract - $120
    • Family Trust - Wind up/Vesting - $259
    • Forgiveness of Debt - $121
    • Independent Contractors Agreement - $110
    • Loan Agreement (No Security) - $110
    • Minutes for Members to Inspect Books - $33
    • Minutes for Resigning Director - $33
    • Opening Minutes for the Unit Trust - $33
    • Partnership Deed - $220
    • Power Of Attorney By Company - $99
    • Release of Unpaid Trust Entitlement - $121
    • Remove a Managing Director kit - $33
    • Remove and Replace a Director kit - $44
    • Replace Company Secretary kit - $44
    • Self Managed Superannuation Fund Deed - $165
    • Statutory Declaration - $0
    • Transfer of Shares Kit - $0
    • Unit Trust - $165
    • Unit Trust - Add New Member Kit - $110
  • CPD Webinars

    CPD Webinars

    • CPD Webinar - End Of Financial Year SMSF Planning 2025 - $110
    • CPD Webinar - End Of Financial Year Tax Rollup 2025 - $110
    • CPD Webinar - Small Business Restructures and Director Penalty Notices - $110
    • CPD Webinar - Tax and Cryptocurrency – A Square Peg in a Round Hole - $110
    • CPD Webinar - UPEs and Div 7A – Implications of the Recent Bendel Decision - $110
    • CPD Webinar - When Directors are Personally Liable - $110
    • Webinar On Demand - Foreign Trust Taxation Issues - $110
    • Webinar On Demand - Advising on Family Trusts in the 21st Century - $110
    • Webinar On Demand - AI in Professional Practices - Risks and Benefits - $110
    • Webinar On Demand - Drafting Estate Planning Documents to meet Litigation Risks - $110
    • Webinar On Demand - Employee Share Schemes - $99
    • Webinar On Demand - Family Law and Trusts - $110
    • Webinar On Demand - How Binding are Financial Agreements - $110
    • Webinar On Demand - Professional Advisers as Appointor of their Client’s Family Trust - $110
    • Webinar On Demand - Recent Changes in Family Law - $99
    • Webinar On Demand - Sexual Harassment Laws in Australia - $110
    • Webinar On Demand - Tax & Family Trusts - $99
    • Webinar On Demand - Testamentary Trusts 101 - $110
    • Webinar On Demand - Trust Distributions and Section 100A - $99
    • Webinar On Demand - When Directors are Personally Liable - $110
    • Webinar On Demand - Where Death Benefit Nominations Go Wrong - $110
  • All documents

    All documents

    • Acknowledgement of Trust (already own asset) - $165
    • Adopt Committee Recommendations kit - $33
    • Advanced Legal Health Check for Businesses - $18
    • Appoint a Committee kit - $33
    • Appoint an Alternate Director kit - $33
    • Appoint Managing Director & Confer Powers kit - $33
    • Buy a House with Friends Agreement - $110
    • Change Appointor and/or Guardian of Family Trust - $110
    • Change of Name of Family Trust - $110
    • Change Registered Office kit - $33
    • Change Trustee of Family Trust - $110
    • Codicil to change the Executor - $99
    • Commercial Lease - $275
    • Company (ELodgement) - $716
    • Company (No Elodgement) - $99
    • Company Constitution Update - $99
    • Confidentiality Agreement (Non Disclosure) - $99
    • Co-Owners Agreement - $110
    • CPD Webinar - End Of Financial Year SMSF Planning 2025 - $110
    • CPD Webinar - End Of Financial Year Tax Rollup 2025 - $110
    • CPD Webinar - Small Business Restructures and Director Penalty Notices - $110
    • CPD Webinar - Tax and Cryptocurrency – A Square Peg in a Round Hole - $110
    • CPD Webinar - UPEs and Div 7A – Implications of the Recent Bendel Decision - $110
    • CPD Webinar - When Directors are Personally Liable - $110
    • Dealing with Forgiven Debts (White Paper) - $55
    • Debt Recognition (including pre-Div 7A Loans) - $33
    • Declaration of Trust (before you buy) - $110
    • Demand and Statement of Claim for Debt - NSW - $88
    • Demand and Summons for Debt - VIC - $88
    • Demand and Summons for Debt - WA - $88
    • Derivative Risk Statement for SMSF - $65
    • Director‘s Indemnity Agreement - Compulsory Insurance - $197
    • Director‘s Indemnity Agreement - No Insurance - $197
    • Disclaimer - Email - $55
    • Div 7A Loan Agreement - $65
    • Div 7A Loan Agreement for UPE - $65
    • Employment - Conduct Issues Letter - $33
    • Employment - Employee Expenses Policy - $55
    • Employment - Performance Issues Letter - $33
    • Employment - Request for Medical Information - $33
    • Employment - Termination Letter - $33
    • Employment - Transferring Employee Letter - $33
    • Employment Contract - $120
    • Enduring Power of Attorney - NSW - $55
    • Enduring Power of Attorney - SA - $55
    • Enduring Power of Attorney - WA - $55
    • Enduring Power of Attorney (Financial, Personal/Health) - QLD - $55
    • Enduring Power of Guardianship - NSW - $55
    • Enduring Power of Guardianship - WA - $55
    • Family Trust - $165
    • Family Trust - Streaming & Bamford Update - $165
    • Family Trust - Update to Allow Change of Appointor and Guardian - $165
    • Family Trust - Update to allow Sole Trustee - $55
    • Family Trust - Update to Exclude Foreign Persons (NSW) - $198
    • Family Trust - Wind up/Vesting - $259
    • Forgiveness of Debt - $121
    • Independent Contractors Agreement - $110
    • Investment Strategy for Self Managed Super 15/16 - $65
    • Investment Strategy for Self Managed Super 16/17 - $65
    • Investment Strategy for Self Managed Super 17/18 - $65
    • Investment Strategy for Self Managed Super 18/19 - $65
    • Investment Strategy for Self Managed Super 19/20 - $65
    • Investment Strategy for Self Managed Super 20/21 - $65
    • Investment Strategy for Self Managed Super 21/22 - $65
    • Investment Strategy for Self Managed Super 22/23 - $65
    • Investment Strategy for Self Managed Super 23/24 - $65
    • Investment Strategy for Self Managed Super 24/25 - $65
    • Loan Agreement (No Security) - $110
    • Minutes for Members to Inspect Books - $33
    • Minutes for Resigning Director - $33
    • Opening Minutes for the Unit Trust - $33
    • Partnership Deed - $220
    • Pension Pack for Self Managed Super - $299
    • Power Of Attorney By Company - $99
    • Product Disclosure Statement (general) - $66
    • Product Disclosure Statement (Pension only) - $99
    • Release of Unpaid Trust Entitlement - $121
    • Remove a Managing Director kit - $33
    • Remove and Replace a Director kit - $44
    • Replace Company Secretary kit - $44
    • Self Managed Superannuation Fund Deed - $165
    • SMSF - Minute to Appoint Administrator - $33
    • SMSF - Minute to Appoint an Auditor - $33
    • SMSF - Minute to Approve Financial Statements - $33
    • SMSF - Minute to Insure The Members - $33
    • SMSF - Update Rules - $165
    • SMSF Limited Recourse Borrowing Arrangement - $330
    • SMSF Restricted Commercial Property Assessment - $695
    • SMSF Restricted Residential Property Assessment - $315
    • Statutory Declaration - $0
    • The new small business restructure roll-over rules in practice (White Paper) - $55
    • Transfer of Shares Kit - $0
    • Trust Distribution Minutes Library for 2008/09 - $99
    • Trust Distribution Minutes Library for 2009/10 - $99
    • Trust Distribution Minutes Library for 2010/11 - $99
    • Trust Distribution Minutes Library for 2011/12 - $99
    • Trust Distribution Minutes Library for 2012/13 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2012/13 - Single-Use - $110
    • Trust Distribution Minutes Library for 2013/14 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2013/14 - Single-Use - $110
    • Trust Distribution Minutes Library for 2014/15 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2014/15 - Single-Use - $110
    • Trust Distribution Minutes Library for 2015/16 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2015/16 - Single-Use - $110
    • Trust Distribution Minutes Library for 2016/17 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2016/17 - Single-Use - $110
    • Trust Distribution Minutes Library for 2017/18 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2017/18 - Single-Use - $110
    • Trust Distribution Minutes Library for 2018/19 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2018/19 - Single-Use - $110
    • Trust Distribution Minutes Library for 2019/20 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2019/20 - Single-Use - $121
    • Trust Distribution Minutes Library for 2020/21 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2020/21 - Single-Use - $121
    • Trust Distribution Minutes Library for 2021/22 - Multi-Use - $350
    • Trust Distribution Minutes Library for 2021/22 - Single-Use - $121
    • Trust Distribution Minutes Library for 2022/23 - Multi-Use - $363
    • Trust Distribution Minutes Library for 2022/23 - Single-Use - $132
    • Trust Distribution Minutes Library for 2023/24 - Multi-Use - $363
    • Trust Distribution Minutes Library for 2023/24 - Single-Use - $132
    • Trust Distribution Minutes Library for 2024/25 - Multi-Use - $363
    • Trust Distribution Minutes Library for 2024/25 - Single-Use - $132
    • Unit Trust - $165
    • Unit Trust - Add New Member Kit - $110
    • Webinar On Demand - Foreign Trust Taxation Issues - $110
    • Webinar On Demand - Advising on Family Trusts in the 21st Century - $110
    • Webinar On Demand - AI in Professional Practices - Risks and Benefits - $110
    • Webinar On Demand - Drafting Estate Planning Documents to meet Litigation Risks - $110
    • Webinar On Demand - Employee Share Schemes - $99
    • Webinar On Demand - Family Law and Trusts - $110
    • Webinar On Demand - How Binding are Financial Agreements - $110
    • Webinar On Demand - Professional Advisers as Appointor of their Client’s Family Trust - $110
    • Webinar On Demand - Recent Changes in Family Law - $99
    • Webinar On Demand - Sexual Harassment Laws in Australia - $110
    • Webinar On Demand - Tax & Family Trusts - $99
    • Webinar On Demand - Testamentary Trusts 101 - $110
    • Webinar On Demand - Trust Distributions and Section 100A - $99
    • Webinar On Demand - When Directors are Personally Liable - $110
    • Webinar On Demand - Where Death Benefit Nominations Go Wrong - $110
    • Will - Married or Defacto No Children - $95
    • Will - Married or Defacto with Children - $95
    • Will - Single No Children - $110
    • Will - Single With Children - $110
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Independent Contractors Agreement

Independent Contractors Agreement

Price ($AUD): $110
Platinum Price ($AUD): $99 [?]

Estimated Time to Build: 7 - 13 Minutes
Jurisdiction: Australia Wide
Printing and Binding (Optional) [?]:
• Regular Binding - $41.8

Click to Start
  • Overview
  • Checklist
  • Sample
  • Legal Tutor
  • Author
  • What is the purpose of this document?

    This is a contract for services. It sets out the terms of the relationship between a person requesting the services (i.e. the principal) and the person performing the services (i.e. the independent contractor).

    This is not an employment contract, as an independent contractor is not an employee. There are a number of common indicators which may contribute to determining the difference between an employee and an independent contractor, please click here.

    If you require an Employment Contract, please click here.

    You will have the option of selecting whether to include a dispute resolution clause when creating the Independent Contractors Agreement. This clause will provide a process for the parties to follow in the event that a dispute arises with respect to the terms of the Independent Contractors Agreement.
  • Checklist is not available for this document.

  • Sample is not available for this document.

    • Principal Type
      • What is a "Contract for Services"?
      • What is the difference between "employees" and "contractors"?
      • Principal Details
      • Can I insert a business name as a party to the Agreement?
      • What is an ACN?
      • What if I don't have an ACN?
      Principal Human / Company Details
      • What is a "Contract for Services"?
      • What is the difference between "employees" and "contractors"?
      • Principal Details
      • Can I insert a business name as a party to the Agreement?
      • What is an ACN?
      • What if I don't have an ACN?
      Principal Trust Details
      • What is a "Contract for Services"?
      • What is the difference between "employees" and "contractors"?
      • Principal Details
      • Can I insert a business name as a party to the Agreement?
      • What is an ACN?
      • What if I don't have an ACN?
      Principal Trustee Details
      • What is a "Contract for Services"?
      • What is the difference between "employees" and "contractors"?
      • Principal Details
      • Can I insert a business name as a party to the Agreement?
      • What is an ACN?
      • What if I don't have an ACN?
      Principal Partnership Details
      • What is a "Contract for Services"?
      • What is the difference between "employees" and "contractors"?
      • Principal Details
      • Can I insert a business name as a party to the Agreement?
      • What is an ACN?
      • What if I don't have an ACN?
      Principal Partnership Address
      • What is a "Contract for Services"?
      • What is the difference between "employees" and "contractors"?
      • Principal Details
      • Can I insert a business name as a party to the Agreement?
      • What is an ACN?
      • What if I don't have an ACN?
      Contractor Type
      • What is a "Contract for Services"?
      • What is the difference between "employees" and "contractors"?
      • Contractor Details
      • Can I insert a business name as a party to the Agreement?
      • What is an ACN?
      • What if I don't have an ACN?
      Contractor Human / Company Details
      • What is a "Contract for Services"?
      • What is the difference between "employees" and "contractors"?
      • Contractor Details
      • Can I insert a business name as a party to the Agreement?
      • What is an ACN?
      • What if I don't have an ACN?
      Contractor Trust Details
      • What is a "Contract for Services"?
      • What is the difference between "employees" and "contractors"?
      • Contractor Details
      • Can I insert a business name as a party to the Agreement?
      • What is an ACN?
      • What if I don't have an ACN?
      Contractor Trustee Details
      • What is a "Contract for Services"?
      • What is the difference between "employees" and "contractors"?
      • Contractor Details
      • Can I insert a business name as a party to the Agreement?
      • What is an ACN?
      • What if I don't have an ACN?
      Contractor Partnership Details
      • What is a "Contract for Services"?
      • What is the difference between "employees" and "contractors"?
      • Contractor Details
      • Can I insert a business name as a party to the Agreement?
      • What is an ACN?
      • What if I don't have an ACN?
      Contractor Partnership Address
      • What is a "Contract for Services"?
      • What is the difference between "employees" and "contractors"?
      • Contractor Details
      • Can I insert a business name as a party to the Agreement?
      • What is an ACN?
      • What if I don't have an ACN?
      Commencement Date
      • What is the commencement date?
      • What is a "Contract for Services"?
      • What is the difference between "employees" and "contractors"?
      Term Of Agreement
      • What is a
      • What is the difference between "employees" and "contractors"?
      Specific Term
      • What is a "Contract for Services"?
      • What is the difference between "employees" and "contractors"?
      Service being provided
      • What are the Services being provided?
      • What is a "Contract for Services"?
      • Are there any confidentiality clauses?
      Services Listed
      • What are the Services being provided?
      • What is a "Contract for Services"?
      • Are there any confidentiality clauses?
      • It will take me over 10 minutes to answer this question
      Services referenced in Annexure
      • What are the Services being provided?
      • What is a "Contract for Services"?
      • Are there any confidentiality clauses?
      Fee Details
      • What is the Fee payable to the Contractor?
      • How often will the Fees be paid?
      • What is GST?
      • What is a valid tax invoice?
      Hourly Rate
      • What is the Fee payable to the Contractor?
      • How often will the Fees be paid?
      • What is GST?
      • What is a valid tax invoice?
      Set Amount
      • What is the Fee payable to the Contractor?
      • How often will the Fees be paid?
      • What is GST?
      • What is a valid tax invoice?
      Payment Details
      • What is the Fee payable to the Contractor?
      • How often will the Fees be paid?
      • What is GST?
      • What is a valid tax invoice?
      Insurance Details
      • What is public liability insurance?
      Dispute Resolution Details
      • What is mediation?
      • What is arbitration?
      Dispute Resolution
      • What is arbitration?
      • What is mediation?
      Special Conditions
      • What are special conditions?
      • Do you have any policies or practice manuals?
      Special Conditions Described
      • What are special conditions?
      • Do you have any policies or practice manuals?
      Special Conditions Listed
      • What are special conditions?
      • Do you have any policies or practice manuals?
      • It will take me over 10 minutes to answer this question
      Special Conditions Referenced in Annexure
      • What are special conditions?
      • Do you have any policies or practice manuals?

      Principal Type

      • What is a "Contract for Services"?

        A contract for services sets out the terms of the relationship between a person requesting the services (i.e. the principal) and the person performing the services (i.e. the independent contractor). A contract for services is not an employment contract.

        Employees generally have set minimum legal entitlements (eg: annual leave, sick leave and superannuation contributions to the employee’s nominated superannuation fund) and are subject to the control and direction of the employer.

        Independent contractors tend to run their own businesses and are generally free to negotiate their own fees and working arrangements. Unlike employees (who work for a single employer) independent contractors may provide services to a wide range of clients.

        This hint is provided by Law Central Legal.


        #

      • What is the difference between "employees" and "contractors"?

        There are a number of factors which may contribute to determining the difference between an employee and an independent contractor. However, it is important to note that no single indicator can determine if a person is a contractor or an employee. Courts always look at the totality of the relationship between the parties when determining the status of a person's employment.


        There are some common indicators that may contribute to determining whether a person is an employee or independent contractor:


        1. Degree of control over how work is performed
          • An employee performs work, under the direction and control of their employer, on an ongoing basis.
          • An independent contractor ultimately controls how they perform the work. An independent contractor can also delegate the work to another person (i.e. sub-contract if required).
          • An independent contractor must not work exclusively for the Principal's business.
        2. Hours of work
          • An employee generally works standard or set hours (note: a casual employee's hours may vary from week to week).
          • An independent contractor decides what hours to work to complete the specific task.
        3. Expectation of work
          • An employee usually has an ongoing expectation of work (note: some employees may be engaged for a specific task or specific period).
          • An independent contractor is usually engaged for a specific task.
        4. Risk
          • An employee bears no financial risk (this is the responsibility of their employer).
          • An independent contractor bears the risk for making a profit or loss on each task. Usually bears responsibility and liability for poor work or injury sustained while performing the task. As such, contractors generally have their own insurance policy.
        5. Superannuation
          • An employee is entitled to have superannuation contributions paid into a nominated superannuation fund by their employer.
          • An independent contractor pays their own superannuation (note: in some circumstances independent contractors may be entitled to be paid superannuation contributions).
        6. Tools and equipment
          • For an employee tools and equipment are generally provided by the employer, or a tool allowance is provided.
          • An independent contractor uses their own tools and equipment (i.e. the Principal should not provide the contractor with tools, equipment, a motor vehicle etc). An independent contractor does not wear any uniforms bearing the Principal's logo or business name.
          • The Principal should not lend equipment to the contractor as the contractor could use the Principal's equipment as security to obtain finance under the Personal Property Securities Act 2009 (Cth).  This Act governs "mortgages" or charges over chattels.
        7. Tax
          • An employee has income tax deducted by their employer.
          • An independent contractor pays their own tax and GST to the Australian Taxation Office.
        8. Method of payment
          • An employee is paid regularly (for example, weekly / fortnightly / monthly).
          • An independent contractor has obtained an ABN and submits an invoice for work completed or is paid at the end of the contract or project.
        9. Leave
          • An employee is entitled to receive paid leave (for example, annual leave, personal/carers' leave, long service leave) or receive a loading in lieu of leave entitlements in the case of casual employees.
          • An independent contractor does not receive paid leave.

        This hint is provided by Law Central Legal.


        #

      • Principal Details

        The Principal is the person or company that is seeking to use the services of the Contractor.

        If the Principal is Human / Human Trustee: insert the Principal's first name into the First Name field, the Principal's middle name into the Middle Name field and the Principal's surname in the Last Name field.

        (Eg: Fred John Smith)

        If the Principal is a Company / Company Trustee: insert the name of the Company into the Company Name field.

        Insert the ACN (Australian Company Number) or ABN (Australian Business Number) into the ACN/ABN field. If you don't know your ACN/ABN then put in some full stops ............................. and handwrite it in later.

        (Eg: "Olympus Pty Ltd ACN 123 456 789" or "Olympus Pty Ltd ACN .............................")

        If the Principal is a Partnership: insert the Principal's first name into the First Name field, the Principal's middle name into the Middle Name field and the Principal's surname in the Last Name field, then click "Add" to add another partner. The words "(a firm)" will automatically be inserted into the Agreement.

        (Eg: "Dr James Smith and Dr Eli Gabby (a firm)")

        This hint is provided by Law Central Legal.


        #

      • Can I insert a business name as a party to the Agreement?

        No. Only legal entities like a human, company or incorporated association can be a party to the Agreement.

        (Eg: Olympus Pty Ltd trading as Olympus Seafood. "Olympus Seafood" is a business name, whilst "Olympus Pty Ltd" is the legal entity capable of entering into contracts).

        This hint is provided by Law Central Legal.


        #

      • What is an ACN?

        Under the Corporations Act 2001 (Cth), every company in Australia has been issued with a unique nine-digit number known as an Australian Company Number (ACN), which must be shown on a range of documents. The purpose of the ACN is to ensure adequate identification of companies when transacting business. New companies are issued with numbers by the Australian Securities & Investments Commission (ASIC) upon registration.

        A company's ACN should appear on all of its "public documents" and "eligible negotiable instruments," including but not limited to the following:

        • all documents required to be lodged with ASIC;

        • statements of account, including invoices;

        • receipts (which are not machine-produced);

        • orders for goods and services;

        • business letterheads;

        • official company notices;

        • cheques, promissory notes and bills of exchange; and

        • written advertisements making a specific offer which is capable of being accepted (such as by the completion of an order form).

        This hint is provided by Law Central Legal.


        #

      • What if I don't have an ACN?

        If you do not have an ACN, then you can insert your Australian business number (ABN) into the ACN/ABN field.

        The Australian business number (ABN) is a unique 11 digit identifier that makes it easier for businesses and all levels of government to interact.

        It is not compulsory to have an ABN, but it is an essential component for businesses to operate within the goods and services (GST) system. If you are registered for GST, you will need to put your ABN on your invoices to make them "tax invoices".

        This hint is provided by Law Central Legal.


        #

      Principal Human / Company Details

      • What is a "Contract for Services"?

        A contract for services sets out the terms of the relationship between a person requesting the services (i.e. the principal) and the person performing the services (i.e. the independent contractor). A contract for services is not an employment contract.

        Employees generally have set minimum legal entitlements (eg: annual leave, sick leave and superannuation contributions to the employee's nominated superannuation fund) and are subject to the control and direction of the employer.

        Independent contractors tend to run their own businesses and are generally free to negotiate their own fees and working arrangements. Unlike employees (who work for a single employer) independent contractors may provide services to a wide range of clients.

        This hint is provided by Law Central Legal.


        #

      • What is the difference between "employees" and "contractors"?

        There are a number of factors which may contribute to determining the difference between an employee and an independent contractor. However, it is important to note that no single indicator can determine if a person is a contractor or an employee. Courts always look at the totality of the relationship between the parties when determining the status of a person's employment.


        There are some common indicators that may contribute to determining whether a person is an employee or independent contractor:


        1. Degree of control over how work is performed
          • An employee performs work, under the direction and control of their employer, on an ongoing basis.
          • An independent contractor ultimately controls how they perform the work. An independent contractor can also delegate the work to another person (i.e. sub-contract if required).
          • An independent contractor must not work exclusively for the Principal's business.
        2. Hours of work
          • An employee generally works standard or set hours (note: a casual employee's hours may vary from week to week).
          • An independent contractor decides what hours to work to complete the specific task.
        3. Expectation of work
          • An employee usually has an ongoing expectation of work (note: some employees may be engaged for a specific task or specific period).
          • An independent contractor is usually engaged for a specific task.
        4. Risk
          • An employee bears no financial risk (this is the responsibility of their employer).
          • An independent contractor bears the risk for making a profit or loss on each task. Usually bears responsibility and liability for poor work or injury sustained while performing the task. As such, contractors generally have their own insurance policy.
        5. Superannuation
          • An employee is entitled to have superannuation contributions paid into a nominated superannuation fund by their employer.
          • An independent contractor pays their own superannuation (note: in some circumstances independent contractors may be entitled to be paid superannuation contributions).
        6. Tools and equipment
          • For an employee tools and equipment are generally provided by the employer, or a tool allowance is provided.
          • An independent contractor uses their own tools and equipment (i.e. the Principal should not provide the contractor with tools, equipment, a motor vehicle etc). An independent contractor does not wear any uniforms bearing the Principal's logo or business name.
          • The Principal should not lend equipment to the contractor as the contractor could use the Principal's equipment as security to obtain finance under the Personal Property Securities Act 2009 (Cth).  This Act governs "mortgages" or charges over chattels.
        7. Tax
          • An employee has income tax deducted by their employer.
          • An independent contractor pays their own tax and GST to the Australian Taxation Office.
        8. Method of payment
          • An employee is paid regularly (for example, weekly / fortnightly / monthly).
          • An independent contractor has obtained an ABN and submits an invoice for work completed or is paid at the end of the contract or project.
        9. Leave
          • An employee is entitled to receive paid leave (for example, annual leave, personal/carers' leave, long service leave) or receive a loading in lieu of leave entitlements in the case of casual employees.
          • An independent contractor does not receive paid leave.

        This hint is provided by Law Central Legal.


        #

      • Principal Details

        The Principal is the person or company that is seeking to use the services of the Contractor.

        If the Principal is Human / Human Trustee: insert the Principal's first name into the First Name field, the Principal's middle name into the Middle Name field and the Principal's surname in the Last Name field.

        (Eg: Fred John Smith)

        If the Principal is a Company / Company Trustee: insert the name of the Company into the Company Name field.

        Insert the ACN (Australian Company Number) or ABN (Australian Business Number) into the ACN/ABN field. If you don't know your ACN/ABN then put in some full stops ............................. and handwrite it in later.

        (Eg: "Olympus Pty Ltd ACN 123 456 789" or "Olympus Pty Ltd ACN .............................")

        If the Principal is a Partnership: insert the Principal's first name into the First Name field, the Principal's middle name into the Middle Name field and the Principal's surname in the Last Name field, then click "Add" to add another partner. The words "(a firm)" will automatically be inserted into the Agreement.

        (Eg: "Dr James Smith and Dr Eli Gabby (a firm)")

        This hint is provided by Law Central Legal.


        #

      • Can I insert a business name as a party to the Agreement?

        No. Only legal entities like a human, company or incorporated association can be a party to the Agreement.

        (Eg: Olympus Pty Ltd trading as Olympus Seafood. "Olympus Seafood" is a business name, whilst "Olympus Pty Ltd" is the legal entity capable of entering into contracts).

        This hint is provided by Law Central Legal.


        #

      • What is an ACN?

        Under the Corporations Act 2001 (Cth), every company in Australia has been issued with a unique nine-digit number known as an Australian Company Number (ACN), which must be shown on a range of documents. The purpose of the ACN is to ensure adequate identification of companies when transacting business. New companies are issued with numbers by the Australian Securities & Investments Commission (ASIC) upon registration.

        A company's ACN should appear on all of its "public documents" and "eligible negotiable instruments," including but not limited to the following:

        • all documents required to be lodged with ASIC;

        • statements of account, including invoices;

        • receipts (which are not machine-produced);

        • orders for goods and services;

        • business letterheads;

        • official company notices;

        • cheques, promissory notes and bills of exchange; and

        • written advertisements making a specific offer which is capable of being accepted (such as by the completion of an order form).

        This hint is provided by Law Central Legal.


        #

      • What if I don't have an ACN?

        If you do not have an ACN, then you can insert your Australian business number (ABN) into the ACN/ABN field.

        The Australian business number (ABN) is a unique 11 digit identifier that makes it easier for businesses and all levels of government to interact.

        It is not compulsory to have an ABN, but it is an essential component for businesses to operate within the goods and services (GST) system. If you are registered for GST, you will need to put your ABN on your invoices to make them "tax invoices".

        This hint is provided by Law Central Legal.


        #

      Principal Trust Details

      • What is a "Contract for Services"?

        A contract for services sets out the terms of the relationship between a person requesting the services (i.e. the principal) and the person performing the services (i.e. the independent contractor). A contract for services is not an employment contract.

        Employees generally have set minimum legal entitlements (eg: annual leave, sick leave and superannuation contributions to the employee’s nominated superannuation fund) and are subject to the control and direction of the employer.

        Independent contractors tend to run their own businesses and are generally free to negotiate their own fees and working arrangements. Unlike employees (who work for a single employer) independent contractors may provide services to a wide range of clients.

        This hint is provided by Law Central Legal.


        #

      • What is the difference between "employees" and "contractors"?

        There are a number of factors which may contribute to determining the difference between an employee and an independent contractor. However, it is important to note that no single indicator can determine if a person is a contractor or an employee. Courts always look at the totality of the relationship between the parties when determining the status of a person's employment.


        There are some common indicators that may contribute to determining whether a person is an employee or independent contractor:


        1. Degree of control over how work is performed
          • An employee performs work, under the direction and control of their employer, on an ongoing basis.
          • An independent contractor ultimately controls how they perform the work. An independent contractor can also delegate the work to another person (i.e. sub-contract if required).
          • An independent contractor must not work exclusively for the Principal's business.
        2. Hours of work
          • An employee generally works standard or set hours (note: a casual employee's hours may vary from week to week).
          • An independent contractor decides what hours to work to complete the specific task.
        3. Expectation of work
          • An employee usually has an ongoing expectation of work (note: some employees may be engaged for a specific task or specific period).
          • An independent contractor is usually engaged for a specific task.
        4. Risk
          • An employee bears no financial risk (this is the responsibility of their employer).
          • An independent contractor bears the risk for making a profit or loss on each task. Usually bears responsibility and liability for poor work or injury sustained while performing the task. As such, contractors generally have their own insurance policy.
        5. Superannuation
          • An employee is entitled to have superannuation contributions paid into a nominated superannuation fund by their employer.
          • An independent contractor pays their own superannuation (note: in some circumstances independent contractors may be entitled to be paid superannuation contributions).
        6. Tools and equipment
          • For an employee tools and equipment are generally provided by the employer, or a tool allowance is provided.
          • An independent contractor uses their own tools and equipment (i.e. the Principal should not provide the contractor with tools, equipment, a motor vehicle etc). An independent contractor does not wear any uniforms bearing the Principal's logo or business name.
          • The Principal should not lend equipment to the contractor as the contractor could use the Principal's equipment as security to obtain finance under the Personal Property Securities Act 2009 (Cth).  This Act governs "mortgages" or charges over chattels.
        7. Tax
          • An employee has income tax deducted by their employer.
          • An independent contractor pays their own tax and GST to the Australian Taxation Office.
        8. Method of payment
          • An employee is paid regularly (for example, weekly / fortnightly / monthly).
          • An independent contractor has obtained an ABN and submits an invoice for work completed or is paid at the end of the contract or project.
        9. Leave
          • An employee is entitled to receive paid leave (for example, annual leave, personal/carers' leave, long service leave) or receive a loading in lieu of leave entitlements in the case of casual employees.
          • An independent contractor does not receive paid leave.

        This hint is provided by Law Central Legal.


        #

      • Principal Details

        The Principal is the person or company that is seeking to use the services of the Contractor.

        If the Principal is Human / Human Trustee: insert the Principal's first name into the First Name field, the Principal's middle name into the Middle Name field and the Principal's surname in the Last Name field.

        (Eg: Fred John Smith)

        If the Principal is a Company / Company Trustee: insert the name of the Company into the Company Name field.

        Insert the ACN (Australian Company Number) or ABN (Australian Business Number) into the ACN/ABN field. If you don't know your ACN/ABN then put in some full stops ............................. and handwrite it in later.

        (Eg: "Olympus Pty Ltd ACN 123 456 789" or "Olympus Pty Ltd ACN .............................")

        If the Principal is a Partnership: insert the Principal's first name into the First Name field, the Principal's middle name into the Middle Name field and the Principal's surname in the Last Name field, then click "Add" to add another partner. The words "(a firm)" will automatically be inserted into the Agreement.

        (Eg: "Dr James Smith and Dr Eli Gabby (a firm)")

        This hint is provided by Law Central Legal.


        #

      • Can I insert a business name as a party to the Agreement?

        No. Only legal entities like a human, company or incorporated association can be a party to the Agreement.

        (Eg: Olympus Pty Ltd trading as Olympus Seafood. "Olympus Seafood" is a business name, whilst "Olympus Pty Ltd" is the legal entity capable of entering into contracts).

        This hint is provided by Law Central Legal.


        #

      • What is an ACN?

        Under the Corporations Act 2001 (Cth), every company in Australia has been issued with a unique nine-digit number known as an Australian Company Number (ACN), which must be shown on a range of documents. The purpose of the ACN is to ensure adequate identification of companies when transacting business. New companies are issued with numbers by the Australian Securities & Investments Commission (ASIC) upon registration.

        A company's ACN should appear on all of its "public documents" and "eligible negotiable instruments," including but not limited to the following:

        • all documents required to be lodged with ASIC;

        • statements of account, including invoices;

        • receipts (which are not machine-produced);

        • orders for goods and services;

        • business letterheads;

        • official company notices;

        • cheques, promissory notes and bills of exchange; and

        • written advertisements making a specific offer which is capable of being accepted (such as by the completion of an order form).

        This hint is provided by Law Central Legal.


        #

      • What if I don't have an ACN?

        If you do not have an ACN, then you can insert your Australian business number (ABN) into the ACN/ABN field.

        The Australian business number (ABN) is a unique 11 digit identifier that makes it easier for businesses and all levels of government to interact.

        It is not compulsory to have an ABN, but it is an essential component for businesses to operate within the goods and services (GST) system. If you are registered for GST, you will need to put your ABN on your invoices to make them "tax invoices".

        This hint is provided by Law Central Legal.


        #

      Principal Trustee Details

      • What is a "Contract for Services"?

        A contract for services sets out the terms of the relationship between a person requesting the services (i.e. the principal) and the person performing the services (i.e. the independent contractor). A contract for services is not an employment contract.

        Employees generally have set minimum legal entitlements (eg: annual leave, sick leave and superannuation contributions to the employee’s nominated superannuation fund) and are subject to the control and direction of the employer.

        Independent contractors tend to run their own businesses and are generally free to negotiate their own fees and working arrangements. Unlike employees (who work for a single employer) independent contractors may provide services to a wide range of clients.

        This hint is provided by Law Central Legal.


        #

      • What is the difference between "employees" and "contractors"?

        There are a number of factors which may contribute to determining the difference between an employee and an independent contractor. However, it is important to note that no single indicator can determine if a person is a contractor or an employee. Courts always look at the totality of the relationship between the parties when determining the status of a person's employment.


        There are some common indicators that may contribute to determining whether a person is an employee or independent contractor:


        1. Degree of control over how work is performed
          • An employee performs work, under the direction and control of their employer, on an ongoing basis.
          • An independent contractor ultimately controls how they perform the work. An independent contractor can also delegate the work to another person (i.e. sub-contract if required).
          • An independent contractor must not work exclusively for the Principal's business.
        2. Hours of work
          • An employee generally works standard or set hours (note: a casual employee's hours may vary from week to week).
          • An independent contractor decides what hours to work to complete the specific task.
        3. Expectation of work
          • An employee usually has an ongoing expectation of work (note: some employees may be engaged for a specific task or specific period).
          • An independent contractor is usually engaged for a specific task.
        4. Risk
          • An employee bears no financial risk (this is the responsibility of their employer).
          • An independent contractor bears the risk for making a profit or loss on each task. Usually bears responsibility and liability for poor work or injury sustained while performing the task. As such, contractors generally have their own insurance policy.
        5. Superannuation
          • An employee is entitled to have superannuation contributions paid into a nominated superannuation fund by their employer.
          • An independent contractor pays their own superannuation (note: in some circumstances independent contractors may be entitled to be paid superannuation contributions).
        6. Tools and equipment
          • For an employee tools and equipment are generally provided by the employer, or a tool allowance is provided.
          • An independent contractor uses their own tools and equipment (i.e. the Principal should not provide the contractor with tools, equipment, a motor vehicle etc). An independent contractor does not wear any uniforms bearing the Principal's logo or business name.
          • The Principal should not lend equipment to the contractor as the contractor could use the Principal's equipment as security to obtain finance under the Personal Property Securities Act 2009 (Cth).  This Act governs "mortgages" or charges over chattels.
        7. Tax
          • An employee has income tax deducted by their employer.
          • An independent contractor pays their own tax and GST to the Australian Taxation Office.
        8. Method of payment
          • An employee is paid regularly (for example, weekly / fortnightly / monthly).
          • An independent contractor has obtained an ABN and submits an invoice for work completed or is paid at the end of the contract or project.
        9. Leave
          • An employee is entitled to receive paid leave (for example, annual leave, personal/carers' leave, long service leave) or receive a loading in lieu of leave entitlements in the case of casual employees.
          • An independent contractor does not receive paid leave.

        This hint is provided by Law Central Legal.


        #

      • Principal Details

        The Principal is the person or company that is seeking to use the services of the Contractor.

        If the Principal is Human / Human Trustee: insert the Principal's first name into the First Name field, the Principal's middle name into the Middle Name field and the Principal's surname in the Last Name field.

        (Eg: Fred John Smith)

        If the Principal is a Company / Company Trustee: insert the name of the Company into the Company Name field.

        Insert the ACN (Australian Company Number) or ABN (Australian Business Number) into the ACN/ABN field. If you don't know your ACN/ABN then put in some full stops ............................. and handwrite it in later.

        (Eg: "Olympus Pty Ltd ACN 123 456 789" or "Olympus Pty Ltd ACN .............................")

        If the Principal is a Partnership: insert the Principal's first name into the First Name field, the Principal's middle name into the Middle Name field and the Principal's surname in the Last Name field, then click "Add" to add another partner. The words "(a firm)" will automatically be inserted into the Agreement.

        (Eg: "Dr James Smith and Dr Eli Gabby (a firm)")

        This hint is provided by Law Central Legal.


        #

      • Can I insert a business name as a party to the Agreement?

        No. Only legal entities like a human, company or incorporated association can be a party to the Agreement.

        (Eg: Olympus Pty Ltd trading as Olympus Seafood. "Olympus Seafood" is a business name, whilst "Olympus Pty Ltd" is the legal entity capable of entering into contracts).

        This hint is provided by Law Central Legal.


        #

      • What is an ACN?

        Under the Corporations Act 2001 (Cth), every company in Australia has been issued with a unique nine-digit number known as an Australian Company Number (ACN), which must be shown on a range of documents. The purpose of the ACN is to ensure adequate identification of companies when transacting business. New companies are issued with numbers by the Australian Securities & Investments Commission (ASIC) upon registration.

        A company's ACN should appear on all of its "public documents" and "eligible negotiable instruments," including but not limited to the following:

        • all documents required to be lodged with ASIC;

        • statements of account, including invoices;

        • receipts (which are not machine-produced);

        • orders for goods and services;

        • business letterheads;

        • official company notices;

        • cheques, promissory notes and bills of exchange; and

        • written advertisements making a specific offer which is capable of being accepted (such as by the completion of an order form).

        This hint is provided by Law Central Legal.


        #

      • What if I don't have an ACN?

        If you do not have an ACN, then you can insert your Australian business number (ABN) into the ACN/ABN field.

        The Australian business number (ABN) is a unique 11 digit identifier that makes it easier for businesses and all levels of government to interact.

        It is not compulsory to have an ABN, but it is an essential component for businesses to operate within the goods and services (GST) system. If you are registered for GST, you will need to put your ABN on your invoices to make them "tax invoices".

        This hint is provided by Law Central Legal.


        #

      Principal Partnership Details

      • What is a "Contract for Services"?

        A contract for services sets out the terms of the relationship between a person requesting the services (i.e. the principal) and the person performing the services (i.e. the independent contractor). A contract for services is not an employment contract.

        Employees generally have set minimum legal entitlements (eg: annual leave, sick leave and superannuation contributions to the employee’s nominated superannuation fund) and are subject to the control and direction of the employer.

        Independent contractors tend to run their own businesses and are generally free to negotiate their own fees and working arrangements. Unlike employees (who work for a single employer) independent contractors may provide services to a wide range of clients.

        This hint is provided by Law Central Legal.


        #

      • What is the difference between "employees" and "contractors"?

        There are a number of factors which may contribute to determining the difference between an employee and an independent contractor. However, it is important to note that no single indicator can determine if a person is a contractor or an employee. Courts always look at the totality of the relationship between the parties when determining the status of a person's employment.


        There are some common indicators that may contribute to determining whether a person is an employee or independent contractor:


        1. Degree of control over how work is performed
          • An employee performs work, under the direction and control of their employer, on an ongoing basis.
          • An independent contractor ultimately controls how they perform the work. An independent contractor can also delegate the work to another person (i.e. sub-contract if required).
          • An independent contractor must not work exclusively for the Principal's business.
        2. Hours of work
          • An employee generally works standard or set hours (note: a casual employee's hours may vary from week to week).
          • An independent contractor decides what hours to work to complete the specific task.
        3. Expectation of work
          • An employee usually has an ongoing expectation of work (note: some employees may be engaged for a specific task or specific period).
          • An independent contractor is usually engaged for a specific task.
        4. Risk
          • An employee bears no financial risk (this is the responsibility of their employer).
          • An independent contractor bears the risk for making a profit or loss on each task. Usually bears responsibility and liability for poor work or injury sustained while performing the task. As such, contractors generally have their own insurance policy.
        5. Superannuation
          • An employee is entitled to have superannuation contributions paid into a nominated superannuation fund by their employer.
          • An independent contractor pays their own superannuation (note: in some circumstances independent contractors may be entitled to be paid superannuation contributions).
        6. Tools and equipment
          • For an employee tools and equipment are generally provided by the employer, or a tool allowance is provided.
          • An independent contractor uses their own tools and equipment (i.e. the Principal should not provide the contractor with tools, equipment, a motor vehicle etc). An independent contractor does not wear any uniforms bearing the Principal's logo or business name.
          • The Principal should not lend equipment to the contractor as the contractor could use the Principal's equipment as security to obtain finance under the Personal Property Securities Act 2009 (Cth).  This Act governs "mortgages" or charges over chattels.
        7. Tax
          • An employee has income tax deducted by their employer.
          • An independent contractor pays their own tax and GST to the Australian Taxation Office.
        8. Method of payment
          • An employee is paid regularly (for example, weekly / fortnightly / monthly).
          • An independent contractor has obtained an ABN and submits an invoice for work completed or is paid at the end of the contract or project.
        9. Leave
          • An employee is entitled to receive paid leave (for example, annual leave, personal/carers' leave, long service leave) or receive a loading in lieu of leave entitlements in the case of casual employees.
          • An independent contractor does not receive paid leave.

        This hint is provided by Law Central Legal.


        #

      • Principal Details

        The Principal is the person or company that is seeking to use the services of the Contractor.

        If the Principal is Human / Human Trustee: insert the Principal's first name into the First Name field, the Principal's middle name into the Middle Name field and the Principal's surname in the Last Name field.

        (Eg: Fred John Smith)

        If the Principal is a Company / Company Trustee: insert the name of the Company into the Company Name field.

        Insert the ACN (Australian Company Number) or ABN (Australian Business Number) into the ACN/ABN field. If you don't know your ACN/ABN then put in some full stops ............................. and handwrite it in later.

        (Eg: "Olympus Pty Ltd ACN 123 456 789" or "Olympus Pty Ltd ACN .............................")

        If the Principal is a Partnership: insert the Principal's first name into the First Name field, the Principal's middle name into the Middle Name field and the Principal's surname in the Last Name field, then click "Add" to add another partner. The words "(a firm)" will automatically be inserted into the Agreement.

        (Eg: "Dr James Smith and Dr Eli Gabby (a firm)")

        This hint is provided by Law Central Legal.


        #

      • Can I insert a business name as a party to the Agreement?

        No. Only legal entities like a human, company or incorporated association can be a party to the Agreement.

        (Eg: Olympus Pty Ltd trading as Olympus Seafood. "Olympus Seafood" is a business name, whilst "Olympus Pty Ltd" is the legal entity capable of entering into contracts).

        This hint is provided by Law Central Legal.


        #

      • What is an ACN?

        Under the Corporations Act 2001 (Cth), every company in Australia has been issued with a unique nine-digit number known as an Australian Company Number (ACN), which must be shown on a range of documents. The purpose of the ACN is to ensure adequate identification of companies when transacting business. New companies are issued with numbers by the Australian Securities & Investments Commission (ASIC) upon registration.

        A company's ACN should appear on all of its "public documents" and "eligible negotiable instruments," including but not limited to the following:

        • all documents required to be lodged with ASIC;

        • statements of account, including invoices;

        • receipts (which are not machine-produced);

        • orders for goods and services;

        • business letterheads;

        • official company notices;

        • cheques, promissory notes and bills of exchange; and

        • written advertisements making a specific offer which is capable of being accepted (such as by the completion of an order form).

        This hint is provided by Law Central Legal.


        #

      • What if I don't have an ACN?

        If you do not have an ACN, then you can insert your Australian business number (ABN) into the ACN/ABN field.

        The Australian business number (ABN) is a unique 11 digit identifier that makes it easier for businesses and all levels of government to interact.

        It is not compulsory to have an ABN, but it is an essential component for businesses to operate within the goods and services (GST) system. If you are registered for GST, you will need to put your ABN on your invoices to make them "tax invoices".

        This hint is provided by Law Central Legal.


        #

      Principal Partnership Address

      • What is a "Contract for Services"?

        A contract for services sets out the terms of the relationship between a person requesting the services (i.e. the principal) and the person performing the services (i.e. the independent contractor). A contract for services is not an employment contract.

        Employees generally have set minimum legal entitlements (eg: annual leave, sick leave and superannuation contributions to the employee’s nominated superannuation fund) and are subject to the control and direction of the employer.

        Independent contractors tend to run their own businesses and are generally free to negotiate their own fees and working arrangements. Unlike employees (who work for a single employer) independent contractors may provide services to a wide range of clients.

        This hint is provided by Law Central Legal.


        #

      • What is the difference between "employees" and "contractors"?

        There are a number of factors which may contribute to determining the difference between an employee and an independent contractor. However, it is important to note that no single indicator can determine if a person is a contractor or an employee. Courts always look at the totality of the relationship between the parties when determining the status of a person's employment.


        There are some common indicators that may contribute to determining whether a person is an employee or independent contractor:


        1. Degree of control over how work is performed
          • An employee performs work, under the direction and control of their employer, on an ongoing basis.
          • An independent contractor ultimately controls how they perform the work. An independent contractor can also delegate the work to another person (i.e. sub-contract if required).
          • An independent contractor must not work exclusively for the Principal's business.
        2. Hours of work
          • An employee generally works standard or set hours (note: a casual employee's hours may vary from week to week).
          • An independent contractor decides what hours to work to complete the specific task.
        3. Expectation of work
          • An employee usually has an ongoing expectation of work (note: some employees may be engaged for a specific task or specific period).
          • An independent contractor is usually engaged for a specific task.
        4. Risk
          • An employee bears no financial risk (this is the responsibility of their employer).
          • An independent contractor bears the risk for making a profit or loss on each task. Usually bears responsibility and liability for poor work or injury sustained while performing the task. As such, contractors generally have their own insurance policy.
        5. Superannuation
          • An employee is entitled to have superannuation contributions paid into a nominated superannuation fund by their employer.
          • An independent contractor pays their own superannuation (note: in some circumstances independent contractors may be entitled to be paid superannuation contributions).
        6. Tools and equipment
          • For an employee tools and equipment are generally provided by the employer, or a tool allowance is provided.
          • An independent contractor uses their own tools and equipment (i.e. the Principal should not provide the contractor with tools, equipment, a motor vehicle etc). An independent contractor does not wear any uniforms bearing the Principal's logo or business name.
          • The Principal should not lend equipment to the contractor as the contractor could use the Principal's equipment as security to obtain finance under the Personal Property Securities Act 2009 (Cth).  This Act governs "mortgages" or charges over chattels.
        7. Tax
          • An employee has income tax deducted by their employer.
          • An independent contractor pays their own tax and GST to the Australian Taxation Office.
        8. Method of payment
          • An employee is paid regularly (for example, weekly / fortnightly / monthly).
          • An independent contractor has obtained an ABN and submits an invoice for work completed or is paid at the end of the contract or project.
        9. Leave
          • An employee is entitled to receive paid leave (for example, annual leave, personal/carers' leave, long service leave) or receive a loading in lieu of leave entitlements in the case of casual employees.
          • An independent contractor does not receive paid leave.

        This hint is provided by Law Central Legal.


        #

      • Principal Details

        The Principal is the person or company that is seeking to use the services of the Contractor.

        If the Principal is Human / Human Trustee: insert the Principal's first name into the First Name field, the Principal's middle name into the Middle Name field and the Principal's surname in the Last Name field.

        (Eg: Fred John Smith)

        If the Principal is a Company / Company Trustee: insert the name of the Company into the Company Name field.

        Insert the ACN (Australian Company Number) or ABN (Australian Business Number) into the ACN/ABN field. If you don't know your ACN/ABN then put in some full stops ............................. and handwrite it in later.

        (Eg: "Olympus Pty Ltd ACN 123 456 789" or "Olympus Pty Ltd ACN .............................")

        If the Principal is a Partnership: insert the Principal's first name into the First Name field, the Principal's middle name into the Middle Name field and the Principal's surname in the Last Name field, then click "Add" to add another partner. The words "(a firm)" will automatically be inserted into the Agreement.

        (Eg: "Dr James Smith and Dr Eli Gabby (a firm)")

        This hint is provided by Law Central Legal.


        #

      • Can I insert a business name as a party to the Agreement?

        No. Only legal entities like a human, company or incorporated association can be a party to the Agreement.

        (Eg: Olympus Pty Ltd trading as Olympus Seafood. "Olympus Seafood" is a business name, whilst "Olympus Pty Ltd" is the legal entity capable of entering into contracts).

        This hint is provided by Law Central Legal.


        #

      • What is an ACN?

        Under the Corporations Act 2001 (Cth), every company in Australia has been issued with a unique nine-digit number known as an Australian Company Number (ACN), which must be shown on a range of documents. The purpose of the ACN is to ensure adequate identification of companies when transacting business. New companies are issued with numbers by the Australian Securities & Investments Commission (ASIC) upon registration.

        A company's ACN should appear on all of its "public documents" and "eligible negotiable instruments," including but not limited to the following:

        • all documents required to be lodged with ASIC;

        • statements of account, including invoices;

        • receipts (which are not machine-produced);

        • orders for goods and services;

        • business letterheads;

        • official company notices;

        • cheques, promissory notes and bills of exchange; and

        • written advertisements making a specific offer which is capable of being accepted (such as by the completion of an order form).

        This hint is provided by Law Central Legal.


        #

      • What if I don't have an ACN?

        If you do not have an ACN, then you can insert your Australian business number (ABN) into the ACN/ABN field.

        The Australian business number (ABN) is a unique 11 digit identifier that makes it easier for businesses and all levels of government to interact.

        It is not compulsory to have an ABN, but it is an essential component for businesses to operate within the goods and services (GST) system. If you are registered for GST, you will need to put your ABN on your invoices to make them "tax invoices".

        This hint is provided by Law Central Legal.


        #

      Contractor Type

      • What is a "Contract for Services"?

        A contract for services sets out the terms of the relationship between a person requesting the services (i.e. the principal) and the person performing the services (i.e. the independent contractor). A contract for services is not an employment contract.

        Employees generally have set minimum legal entitlements (eg: annual leave, sick leave and superannuation contributions to the employee’s nominated superannuation fund) and are subject to the control and direction of the employer.

        Independent contractors tend to run their own businesses and are generally free to negotiate their own fees and working arrangements. Unlike employees (who work for a single employer) independent contractors may provide services to a wide range of clients.

        This hint is provided by Law Central Legal.


        #

      • What is the difference between "employees" and "contractors"?

        There are a number of factors which may contribute to determining the difference between an employee and an independent contractor. However, it is important to note that no single indicator can determine if a person is a contractor or an employee. Courts always look at the totality of the relationship between the parties when determining the status of a person's employment.


        There are some common indicators that may contribute to determining whether a person is an employee or independent contractor:


        1. Degree of control over how work is performed
          • An employee performs work, under the direction and control of their employer, on an ongoing basis.
          • An independent contractor ultimately controls how they perform the work. An independent contractor can also delegate the work to another person (i.e. sub-contract if required).
          • An independent contractor must not work exclusively for the Principal's business.
        2. Hours of work
          • An employee generally works standard or set hours (note: a casual employee's hours may vary from week to week).
          • An independent contractor decides what hours to work to complete the specific task.
        3. Expectation of work
          • An employee usually has an ongoing expectation of work (note: some employees may be engaged for a specific task or specific period).
          • An independent contractor is usually engaged for a specific task.
        4. Risk
          • An employee bears no financial risk (this is the responsibility of their employer).
          • An independent contractor bears the risk for making a profit or loss on each task. Usually bears responsibility and liability for poor work or injury sustained while performing the task. As such, contractors generally have their own insurance policy.
        5. Superannuation
          • An employee is entitled to have superannuation contributions paid into a nominated superannuation fund by their employer.
          • An independent contractor pays their own superannuation (note: in some circumstances independent contractors may be entitled to be paid superannuation contributions).
        6. Tools and equipment
          • For an employee tools and equipment are generally provided by the employer, or a tool allowance is provided.
          • An independent contractor uses their own tools and equipment (i.e. the Principal should not provide the contractor with tools, equipment, a motor vehicle etc). An independent contractor does not wear any uniforms bearing the Principal's logo or business name.
          • The Principal should not lend equipment to the contractor as the contractor could use the Principal's equipment as security to obtain finance under the Personal Property Securities Act 2009 (Cth).  This Act governs "mortgages" or charges over chattels.
        7. Tax
          • An employee has income tax deducted by their employer.
          • An independent contractor pays their own tax and GST to the Australian Taxation Office.
        8. Method of payment
          • An employee is paid regularly (for example, weekly / fortnightly / monthly).
          • An independent contractor has obtained an ABN and submits an invoice for work completed or is paid at the end of the contract or project.
        9. Leave
          • An employee is entitled to receive paid leave (for example, annual leave, personal/carers' leave, long service leave) or receive a loading in lieu of leave entitlements in the case of casual employees.
          • An independent contractor does not receive paid leave.

        This hint is provided by Law Central Legal.


        #

      • Contractor Details

        The Contractor is the person or company hired by the Principal to perform services for and on behalf of the Principal.

        If the Contractor is Human / Human Trustee: insert the Contractor's first name into the First Name field, the Contractor's middle name into the Middle Name field and the Contractor's surname in the Last Name field.

        (Eg: Fred John Smith)

        If the Contractor is a Company / Company Trustee: insert the name of the Company into the Company Name field.

        Insert the ACN (Australian Company Number) or ABN (Australian Business Number) into the ACN/ABN field. If you don't know your ACN/ABN then put in some full stops ............................. and handwrite it in later.

        (Eg: "Olympus Pty Ltd ACN 123 456 789" or "Olympus Pty Ltd ACN .............................")

        If the Contractor is a Partnership: insert the Contractor's first name into the First Name field, the Contractor's middle name into the Middle Name field and the Contractor's surname in the Last Name field, then click "Add" to add another partner. The words "(a firm)" will automatically be inserted into the Agreement.

        (Eg: "Dr James Smith and Dr Eli Gabby (a firm)")

        This hint is provided by Law Central Legal.


        #

      • Can I insert a business name as a party to the Agreement?

        No. Only legal entities like a human, company or incorporated association can be a party to the Agreement.

        (Eg: Olympus Pty Ltd trading as Olympus Seafood. "Olympus Seafood" is a business name, whilst "Olympus Pty Ltd" is the legal entity capable of entering into contracts).

        This hint is provided by Law Central Legal.


        #

      • What is an ACN?

        Under the Corporations Act 2001 (Cth), every company in Australia has been issued with a unique nine-digit number known as an Australian Company Number (ACN), which must be shown on a range of documents. The purpose of the ACN is to ensure adequate identification of companies when transacting business. New companies are issued with numbers by the Australian Securities & Investments Commission (ASIC) upon registration.

        A company's ACN should appear on all of its "public documents" and "eligible negotiable instruments," including but not limited to the following:

        • all documents required to be lodged with ASIC;

        • statements of account, including invoices;

        • receipts (which are not machine-produced);

        • orders for goods and services;

        • business letterheads;

        • official company notices;

        • cheques, promissory notes and bills of exchange; and

        • written advertisements making a specific offer which is capable of being accepted (such as by the completion of an order form).

        This hint is provided by Law Central Legal.


        #

      • What if I don't have an ACN?

        If you do not have an ACN, then you can insert your Australian business number (ABN) into the ACN/ABN field.

        The Australian business number (ABN) is a unique 11 digit identifier that makes it easier for businesses and all levels of government to interact.

        It is not compulsory to have an ABN, but it is an essential component for businesses to operate within the goods and services (GST) system. If you are registered for GST, you will need to put your ABN on your invoices to make them "tax invoices".

        This hint is provided by Law Central Legal.


        #

      Contractor Human / Company Details

      • What is a "Contract for Services"?

        A contract for services sets out the terms of the relationship between a person requesting the services (i.e. the principal) and the person performing the services (i.e. the independent contractor). A contract for services is not an employment contract.

        Employees generally have set minimum legal entitlements (eg: annual leave, sick leave and superannuation contributions to the employee’s nominated superannuation fund) and are subject to the control and direction of the employer.

        Independent contractors tend to run their own businesses and are generally free to negotiate their own fees and working arrangements. Unlike employees (who work for a single employer) independent contractors may provide services to a wide range of clients.

        This hint is provided by Law Central Legal.


        #

      • What is the difference between "employees" and "contractors"?

        There are a number of factors which may contribute to determining the difference between an employee and an independent contractor. However, it is important to note that no single indicator can determine if a person is a contractor or an employee. Courts always look at the totality of the relationship between the parties when determining the status of a person's employment.


        There are some common indicators that may contribute to determining whether a person is an employee or independent contractor:


        1. Degree of control over how work is performed
          • An employee performs work, under the direction and control of their employer, on an ongoing basis.
          • An independent contractor ultimately controls how they perform the work. An independent contractor can also delegate the work to another person (i.e. sub-contract if required).
          • An independent contractor must not work exclusively for the Principal's business.
        2. Hours of work
          • An employee generally works standard or set hours (note: a casual employee's hours may vary from week to week).
          • An independent contractor decides what hours to work to complete the specific task.
        3. Expectation of work
          • An employee usually has an ongoing expectation of work (note: some employees may be engaged for a specific task or specific period).
          • An independent contractor is usually engaged for a specific task.
        4. Risk
          • An employee bears no financial risk (this is the responsibility of their employer).
          • An independent contractor bears the risk for making a profit or loss on each task. Usually bears responsibility and liability for poor work or injury sustained while performing the task. As such, contractors generally have their own insurance policy.
        5. Superannuation
          • An employee is entitled to have superannuation contributions paid into a nominated superannuation fund by their employer.
          • An independent contractor pays their own superannuation (note: in some circumstances independent contractors may be entitled to be paid superannuation contributions).
        6. Tools and equipment
          • For an employee tools and equipment are generally provided by the employer, or a tool allowance is provided.
          • An independent contractor uses their own tools and equipment (i.e. the Principal should not provide the contractor with tools, equipment, a motor vehicle etc). An independent contractor does not wear any uniforms bearing the Principal's logo or business name.
          • The Principal should not lend equipment to the contractor as the contractor could use the Principal's equipment as security to obtain finance under the Personal Property Securities Act 2009 (Cth).  This Act governs "mortgages" or charges over chattels.
        7. Tax
          • An employee has income tax deducted by their employer.
          • An independent contractor pays their own tax and GST to the Australian Taxation Office.
        8. Method of payment
          • An employee is paid regularly (for example, weekly / fortnightly / monthly).
          • An independent contractor has obtained an ABN and submits an invoice for work completed or is paid at the end of the contract or project.
        9. Leave
          • An employee is entitled to receive paid leave (for example, annual leave, personal/carers' leave, long service leave) or receive a loading in lieu of leave entitlements in the case of casual employees.
          • An independent contractor does not receive paid leave.

        This hint is provided by Law Central Legal.


        #

      • Contractor Details

        The Contractor is the person or company hired by the Principal to perform services for and on behalf of the Principal.

        If the Contractor is Human / Human Trustee: insert the Contractor's first name into the First Name field, the Contractor's middle name into the Middle Name field and the Contractor's surname in the Last Name field.

        (Eg: Fred John Smith)

        If the Contractor is a Company / Company Trustee: insert the name of the Company into the Company Name field.

        Insert the ACN (Australian Company Number) or ABN (Australian Business Number) into the ACN/ABN field. If you don't know your ACN/ABN then put in some full stops ............................. and handwrite it in later.

        (Eg: "Olympus Pty Ltd ACN 123 456 789" or "Olympus Pty Ltd ACN .............................")

        If the Contractor is a Partnership: insert the Contractor's first name into the First Name field, the Contractor's middle name into the Middle Name field and the Contractor's surname in the Last Name field, then click "Add" to add another partner. The words "(a firm)" will automatically be inserted into the Agreement.

        (Eg: "Dr James Smith and Dr Eli Gabby (a firm)")

        This hint is provided by Law Central Legal.


        #

      • Can I insert a business name as a party to the Agreement?

        No. Only legal entities like a human, company or incorporated association can be a party to the Agreement.

        (Eg: Olympus Pty Ltd trading as Olympus Seafood. "Olympus Seafood" is a business name, whilst "Olympus Pty Ltd" is the legal entity capable of entering into contracts).

        This hint is provided by Law Central Legal.


        #

      • What is an ACN?

        Under the Corporations Act 2001 (Cth), every company in Australia has been issued with a unique nine-digit number known as an Australian Company Number (ACN), which must be shown on a range of documents. The purpose of the ACN is to ensure adequate identification of companies when transacting business. New companies are issued with numbers by the Australian Securities & Investments Commission (ASIC) upon registration.

        A company's ACN should appear on all of its "public documents" and "eligible negotiable instruments," including but not limited to the following:

        • all documents required to be lodged with ASIC;

        • statements of account, including invoices;

        • receipts (which are not machine-produced);

        • orders for goods and services;

        • business letterheads;

        • official company notices;

        • cheques, promissory notes and bills of exchange; and

        • written advertisements making a specific offer which is capable of being accepted (such as by the completion of an order form).

        This hint is provided by Law Central Legal.


        #

      • What if I don't have an ACN?

        If you do not have an ACN, then you can insert your Australian business number (ABN) into the ACN/ABN field.

        The Australian business number (ABN) is a unique 11 digit identifier that makes it easier for businesses and all levels of government to interact.

        It is not compulsory to have an ABN, but it is an essential component for businesses to operate within the goods and services (GST) system. If you are registered for GST, you will need to put your ABN on your invoices to make them "tax invoices".

        This hint is provided by Law Central Legal.


        #

      Contractor Trust Details

      • What is a "Contract for Services"?

        A contract for services sets out the terms of the relationship between a person requesting the services (i.e. the principal) and the person performing the services (i.e. the independent contractor). A contract for services is not an employment contract.

        Employees generally have set minimum legal entitlements (eg: annual leave, sick leave and superannuation contributions to the employee’s nominated superannuation fund) and are subject to the control and direction of the employer.

        Independent contractors tend to run their own businesses and are generally free to negotiate their own fees and working arrangements. Unlike employees (who work for a single employer) independent contractors may provide services to a wide range of clients.

        This hint is provided by Law Central Legal.


        #

      • What is the difference between "employees" and "contractors"?

        There are a number of factors which may contribute to determining the difference between an employee and an independent contractor. However, it is important to note that no single indicator can determine if a person is a contractor or an employee. Courts always look at the totality of the relationship between the parties when determining the status of a person's employment.


        There are some common indicators that may contribute to determining whether a person is an employee or independent contractor:


        1. Degree of control over how work is performed
          • An employee performs work, under the direction and control of their employer, on an ongoing basis.
          • An independent contractor ultimately controls how they perform the work. An independent contractor can also delegate the work to another person (i.e. sub-contract if required).
          • An independent contractor must not work exclusively for the Principal's business.
        2. Hours of work
          • An employee generally works standard or set hours (note: a casual employee's hours may vary from week to week).
          • An independent contractor decides what hours to work to complete the specific task.
        3. Expectation of work
          • An employee usually has an ongoing expectation of work (note: some employees may be engaged for a specific task or specific period).
          • An independent contractor is usually engaged for a specific task.
        4. Risk
          • An employee bears no financial risk (this is the responsibility of their employer).
          • An independent contractor bears the risk for making a profit or loss on each task. Usually bears responsibility and liability for poor work or injury sustained while performing the task. As such, contractors generally have their own insurance policy.
        5. Superannuation
          • An employee is entitled to have superannuation contributions paid into a nominated superannuation fund by their employer.
          • An independent contractor pays their own superannuation (note: in some circumstances independent contractors may be entitled to be paid superannuation contributions).
        6. Tools and equipment
          • For an employee tools and equipment are generally provided by the employer, or a tool allowance is provided.
          • An independent contractor uses their own tools and equipment (i.e. the Principal should not provide the contractor with tools, equipment, a motor vehicle etc). An independent contractor does not wear any uniforms bearing the Principal's logo or business name.
          • The Principal should not lend equipment to the contractor as the contractor could use the Principal's equipment as security to obtain finance under the Personal Property Securities Act 2009 (Cth).  This Act governs "mortgages" or charges over chattels.
        7. Tax
          • An employee has income tax deducted by their employer.
          • An independent contractor pays their own tax and GST to the Australian Taxation Office.
        8. Method of payment
          • An employee is paid regularly (for example, weekly / fortnightly / monthly).
          • An independent contractor has obtained an ABN and submits an invoice for work completed or is paid at the end of the contract or project.
        9. Leave
          • An employee is entitled to receive paid leave (for example, annual leave, personal/carers' leave, long service leave) or receive a loading in lieu of leave entitlements in the case of casual employees.
          • An independent contractor does not receive paid leave.

        This hint is provided by Law Central Legal.


        #

      • Contractor Details

        The Contractor is the person or company hired by the Principal to perform services for and on behalf of the Principal.

        If the Contractor is Human / Human Trustee: insert the Contractor's first name into the First Name field, the Contractor's middle name into the Middle Name field and the Contractor's surname in the Last Name field.

        (Eg: Fred John Smith)

        If the Contractor is a Company / Company Trustee: insert the name of the Company into the Company Name field.

        Insert the ACN (Australian Company Number) or ABN (Australian Business Number) into the ACN/ABN field. If you don't know your ACN/ABN then put in some full stops ............................. and handwrite it in later.

        (Eg: "Olympus Pty Ltd ACN 123 456 789" or "Olympus Pty Ltd ACN .............................")

        If the Contractor is a Partnership: insert the Contractor's first name into the First Name field, the Contractor's middle name into the Middle Name field and the Contractor's surname in the Last Name field, then click "Add" to add another partner. The words "(a firm)" will automatically be inserted into the Agreement.

        (Eg: "Dr James Smith and Dr Eli Gabby (a firm)")

        This hint is provided by Law Central Legal.


        #

      • Can I insert a business name as a party to the Agreement?

        No. Only legal entities like a human, company or incorporated association can be a party to the Agreement.

        (Eg: Olympus Pty Ltd trading as Olympus Seafood. "Olympus Seafood" is a business name, whilst "Olympus Pty Ltd" is the legal entity capable of entering into contracts).

        This hint is provided by Law Central Legal.


        #

      • What is an ACN?

        Under the Corporations Act 2001 (Cth), every company in Australia has been issued with a unique nine-digit number known as an Australian Company Number (ACN), which must be shown on a range of documents. The purpose of the ACN is to ensure adequate identification of companies when transacting business. New companies are issued with numbers by the Australian Securities & Investments Commission (ASIC) upon registration.

        A company's ACN should appear on all of its "public documents" and "eligible negotiable instruments," including but not limited to the following:

        • all documents required to be lodged with ASIC;

        • statements of account, including invoices;

        • receipts (which are not machine-produced);

        • orders for goods and services;

        • business letterheads;

        • official company notices;

        • cheques, promissory notes and bills of exchange; and

        • written advertisements making a specific offer which is capable of being accepted (such as by the completion of an order form).

        This hint is provided by Law Central Legal.


        #

      • What if I don't have an ACN?

        If you do not have an ACN, then you can insert your Australian business number (ABN) into the ACN/ABN field.

        The Australian business number (ABN) is a unique 11 digit identifier that makes it easier for businesses and all levels of government to interact.

        It is not compulsory to have an ABN, but it is an essential component for businesses to operate within the goods and services (GST) system. If you are registered for GST, you will need to put your ABN on your invoices to make them "tax invoices".

        This hint is provided by Law Central Legal.


        #

      Contractor Trustee Details

      • What is a "Contract for Services"?

        A contract for services sets out the terms of the relationship between a person requesting the services (i.e. the principal) and the person performing the services (i.e. the independent contractor). A contract for services is not an employment contract.

        Employees generally have set minimum legal entitlements (eg: annual leave, sick leave and superannuation contributions to the employee’s nominated superannuation fund) and are subject to the control and direction of the employer.

        Independent contractors tend to run their own businesses and are generally free to negotiate their own fees and working arrangements. Unlike employees (who work for a single employer) independent contractors may provide services to a wide range of clients.

        This hint is provided by Law Central Legal.


        #

      • What is the difference between "employees" and "contractors"?

        There are a number of factors which may contribute to determining the difference between an employee and an independent contractor. However, it is important to note that no single indicator can determine if a person is a contractor or an employee. Courts always look at the totality of the relationship between the parties when determining the status of a person's employment.


        There are some common indicators that may contribute to determining whether a person is an employee or independent contractor:


        1. Degree of control over how work is performed
          • An employee performs work, under the direction and control of their employer, on an ongoing basis.
          • An independent contractor ultimately controls how they perform the work. An independent contractor can also delegate the work to another person (i.e. sub-contract if required).
          • An independent contractor must not work exclusively for the Principal's business.
        2. Hours of work
          • An employee generally works standard or set hours (note: a casual employee's hours may vary from week to week).
          • An independent contractor decides what hours to work to complete the specific task.
        3. Expectation of work
          • An employee usually has an ongoing expectation of work (note: some employees may be engaged for a specific task or specific period).
          • An independent contractor is usually engaged for a specific task.
        4. Risk
          • An employee bears no financial risk (this is the responsibility of their employer).
          • An independent contractor bears the risk for making a profit or loss on each task. Usually bears responsibility and liability for poor work or injury sustained while performing the task. As such, contractors generally have their own insurance policy.
        5. Superannuation
          • An employee is entitled to have superannuation contributions paid into a nominated superannuation fund by their employer.
          • An independent contractor pays their own superannuation (note: in some circumstances independent contractors may be entitled to be paid superannuation contributions).
        6. Tools and equipment
          • For an employee tools and equipment are generally provided by the employer, or a tool allowance is provided.
          • An independent contractor uses their own tools and equipment (i.e. the Principal should not provide the contractor with tools, equipment, a motor vehicle etc). An independent contractor does not wear any uniforms bearing the Principal's logo or business name.
          • The Principal should not lend equipment to the contractor as the contractor could use the Principal's equipment as security to obtain finance under the Personal Property Securities Act 2009 (Cth).  This Act governs "mortgages" or charges over chattels.
        7. Tax
          • An employee has income tax deducted by their employer.
          • An independent contractor pays their own tax and GST to the Australian Taxation Office.
        8. Method of payment
          • An employee is paid regularly (for example, weekly / fortnightly / monthly).
          • An independent contractor has obtained an ABN and submits an invoice for work completed or is paid at the end of the contract or project.
        9. Leave
          • An employee is entitled to receive paid leave (for example, annual leave, personal/carers' leave, long service leave) or receive a loading in lieu of leave entitlements in the case of casual employees.
          • An independent contractor does not receive paid leave.

        This hint is provided by Law Central Legal.


        #

      • Contractor Details

        The Contractor is the person or company hired by the Principal to perform services for and on behalf of the Principal.

        If the Contractor is Human / Human Trustee: insert the Contractor's first name into the First Name field, the Contractor's middle name into the Middle Name field and the Contractor's surname in the Last Name field.

        (Eg: Fred John Smith)

        If the Contractor is a Company / Company Trustee: insert the name of the Company into the Company Name field.

        Insert the ACN (Australian Company Number) or ABN (Australian Business Number) into the ACN/ABN field. If you don't know your ACN/ABN then put in some full stops ............................. and handwrite it in later.

        (Eg: "Olympus Pty Ltd ACN 123 456 789" or "Olympus Pty Ltd ACN .............................")

        If the Contractor is a Partnership: insert the Contractor's first name into the First Name field, the Contractor's middle name into the Middle Name field and the Contractor's surname in the Last Name field, then click "Add" to add another partner. The words "(a firm)" will automatically be inserted into the Agreement.

        (Eg: "Dr James Smith and Dr Eli Gabby (a firm)")

        This hint is provided by Law Central Legal.


        #

      • Can I insert a business name as a party to the Agreement?

        No. Only legal entities like a human, company or incorporated association can be a party to the Agreement.

        (Eg: Olympus Pty Ltd trading as Olympus Seafood. "Olympus Seafood" is a business name, whilst "Olympus Pty Ltd" is the legal entity capable of entering into contracts).

        This hint is provided by Law Central Legal.


        #

      • What is an ACN?

        Under the Corporations Act 2001 (Cth), every company in Australia has been issued with a unique nine-digit number known as an Australian Company Number (ACN), which must be shown on a range of documents. The purpose of the ACN is to ensure adequate identification of companies when transacting business. New companies are issued with numbers by the Australian Securities & Investments Commission (ASIC) upon registration.

        A company's ACN should appear on all of its "public documents" and "eligible negotiable instruments," including but not limited to the following:

        • all documents required to be lodged with ASIC;

        • statements of account, including invoices;

        • receipts (which are not machine-produced);

        • orders for goods and services;

        • business letterheads;

        • official company notices;

        • cheques, promissory notes and bills of exchange; and

        • written advertisements making a specific offer which is capable of being accepted (such as by the completion of an order form).

        This hint is provided by Law Central Legal.


        #

      • What if I don't have an ACN?

        If you do not have an ACN, then you can insert your Australian business number (ABN) into the ACN/ABN field.

        The Australian business number (ABN) is a unique 11 digit identifier that makes it easier for businesses and all levels of government to interact.

        It is not compulsory to have an ABN, but it is an essential component for businesses to operate within the goods and services (GST) system. If you are registered for GST, you will need to put your ABN on your invoices to make them "tax invoices".

        This hint is provided by Law Central Legal.


        #

      Contractor Partnership Details

      • What is a "Contract for Services"?

        A contract for services sets out the terms of the relationship between a person requesting the services (i.e. the principal) and the person performing the services (i.e. the independent contractor). A contract for services is not an employment contract.

        Employees generally have set minimum legal entitlements (eg: annual leave, sick leave and superannuation contributions to the employee’s nominated superannuation fund) and are subject to the control and direction of the employer.

        Independent contractors tend to run their own businesses and are generally free to negotiate their own fees and working arrangements. Unlike employees (who work for a single employer) independent contractors may provide services to a wide range of clients.

        This hint is provided by Law Central Legal.


        #

      • What is the difference between "employees" and "contractors"?

        There are a number of factors which may contribute to determining the difference between an employee and an independent contractor. However, it is important to note that no single indicator can determine if a person is a contractor or an employee. Courts always look at the totality of the relationship between the parties when determining the status of a person's employment.


        There are some common indicators that may contribute to determining whether a person is an employee or independent contractor:


        1. Degree of control over how work is performed
          • An employee performs work, under the direction and control of their employer, on an ongoing basis.
          • An independent contractor ultimately controls how they perform the work. An independent contractor can also delegate the work to another person (i.e. sub-contract if required).
          • An independent contractor must not work exclusively for the Principal's business.
        2. Hours of work
          • An employee generally works standard or set hours (note: a casual employee's hours may vary from week to week).
          • An independent contractor decides what hours to work to complete the specific task.
        3. Expectation of work
          • An employee usually has an ongoing expectation of work (note: some employees may be engaged for a specific task or specific period).
          • An independent contractor is usually engaged for a specific task.
        4. Risk
          • An employee bears no financial risk (this is the responsibility of their employer).
          • An independent contractor bears the risk for making a profit or loss on each task. Usually bears responsibility and liability for poor work or injury sustained while performing the task. As such, contractors generally have their own insurance policy.
        5. Superannuation
          • An employee is entitled to have superannuation contributions paid into a nominated superannuation fund by their employer.
          • An independent contractor pays their own superannuation (note: in some circumstances independent contractors may be entitled to be paid superannuation contributions).
        6. Tools and equipment
          • For an employee tools and equipment are generally provided by the employer, or a tool allowance is provided.
          • An independent contractor uses their own tools and equipment (i.e. the Principal should not provide the contractor with tools, equipment, a motor vehicle etc). An independent contractor does not wear any uniforms bearing the Principal's logo or business name.
          • The Principal should not lend equipment to the contractor as the contractor could use the Principal's equipment as security to obtain finance under the Personal Property Securities Act 2009 (Cth).  This Act governs "mortgages" or charges over chattels.
        7. Tax
          • An employee has income tax deducted by their employer.
          • An independent contractor pays their own tax and GST to the Australian Taxation Office.
        8. Method of payment
          • An employee is paid regularly (for example, weekly / fortnightly / monthly).
          • An independent contractor has obtained an ABN and submits an invoice for work completed or is paid at the end of the contract or project.
        9. Leave
          • An employee is entitled to receive paid leave (for example, annual leave, personal/carers' leave, long service leave) or receive a loading in lieu of leave entitlements in the case of casual employees.
          • An independent contractor does not receive paid leave.

        This hint is provided by Law Central Legal.


        #

      • Contractor Details

        The Contractor is the person or company hired by the Principal to perform services for and on behalf of the Principal.

        If the Contractor is Human / Human Trustee: insert the Contractor's first name into the First Name field, the Contractor's middle name into the Middle Name field and the Contractor's surname in the Last Name field.

        (Eg: Fred John Smith)

        If the Contractor is a Company / Company Trustee: insert the name of the Company into the Company Name field.

        Insert the ACN (Australian Company Number) or ABN (Australian Business Number) into the ACN/ABN field. If you don't know your ACN/ABN then put in some full stops ............................. and handwrite it in later.

        (Eg: "Olympus Pty Ltd ACN 123 456 789" or "Olympus Pty Ltd ACN .............................")

        If the Contractor is a Partnership: insert the Contractor's first name into the First Name field, the Contractor's middle name into the Middle Name field and the Contractor's surname in the Last Name field, then click "Add" to add another partner. The words "(a firm)" will automatically be inserted into the Agreement.

        (Eg: "Dr James Smith and Dr Eli Gabby (a firm)")

        This hint is provided by Law Central Legal.


        #

      • Can I insert a business name as a party to the Agreement?

        No. Only legal entities like a human, company or incorporated association can be a party to the Agreement.

        (Eg: Olympus Pty Ltd trading as Olympus Seafood. "Olympus Seafood" is a business name, whilst "Olympus Pty Ltd" is the legal entity capable of entering into contracts).

        This hint is provided by Law Central Legal.


        #

      • What is an ACN?

        Under the Corporations Act 2001 (Cth), every company in Australia has been issued with a unique nine-digit number known as an Australian Company Number (ACN), which must be shown on a range of documents. The purpose of the ACN is to ensure adequate identification of companies when transacting business. New companies are issued with numbers by the Australian Securities & Investments Commission (ASIC) upon registration.

        A company's ACN should appear on all of its "public documents" and "eligible negotiable instruments," including but not limited to the following:

        • all documents required to be lodged with ASIC;

        • statements of account, including invoices;

        • receipts (which are not machine-produced);

        • orders for goods and services;

        • business letterheads;

        • official company notices;

        • cheques, promissory notes and bills of exchange; and

        • written advertisements making a specific offer which is capable of being accepted (such as by the completion of an order form).

        This hint is provided by Law Central Legal.


        #

      • What if I don't have an ACN?

        If you do not have an ACN, then you can insert your Australian business number (ABN) into the ACN/ABN field.

        The Australian business number (ABN) is a unique 11 digit identifier that makes it easier for businesses and all levels of government to interact.

        It is not compulsory to have an ABN, but it is an essential component for businesses to operate within the goods and services (GST) system. If you are registered for GST, you will need to put your ABN on your invoices to make them "tax invoices".

        This hint is provided by Law Central Legal.


        #

      Contractor Partnership Address

      • What is a "Contract for Services"?

        A contract for services sets out the terms of the relationship between a person requesting the services (i.e. the principal) and the person performing the services (i.e. the independent contractor). A contract for services is not an employment contract.

        Employees generally have set minimum legal entitlements (eg: annual leave, sick leave and superannuation contributions to the employee’s nominated superannuation fund) and are subject to the control and direction of the employer.

        Independent contractors tend to run their own businesses and are generally free to negotiate their own fees and working arrangements. Unlike employees (who work for a single employer) independent contractors may provide services to a wide range of clients.

        This hint is provided by Law Central Legal.


        #

      • What is the difference between "employees" and "contractors"?

        There are a number of factors which may contribute to determining the difference between an employee and an independent contractor. However, it is important to note that no single indicator can determine if a person is a contractor or an employee. Courts always look at the totality of the relationship between the parties when determining the status of a person's employment.


        There are some common indicators that may contribute to determining whether a person is an employee or independent contractor:


        1. Degree of control over how work is performed
          • An employee performs work, under the direction and control of their employer, on an ongoing basis.
          • An independent contractor ultimately controls how they perform the work. An independent contractor can also delegate the work to another person (i.e. sub-contract if required).
          • An independent contractor must not work exclusively for the Principal's business.
        2. Hours of work
          • An employee generally works standard or set hours (note: a casual employee's hours may vary from week to week).
          • An independent contractor decides what hours to work to complete the specific task.
        3. Expectation of work
          • An employee usually has an ongoing expectation of work (note: some employees may be engaged for a specific task or specific period).
          • An independent contractor is usually engaged for a specific task.
        4. Risk
          • An employee bears no financial risk (this is the responsibility of their employer).
          • An independent contractor bears the risk for making a profit or loss on each task. Usually bears responsibility and liability for poor work or injury sustained while performing the task. As such, contractors generally have their own insurance policy.
        5. Superannuation
          • An employee is entitled to have superannuation contributions paid into a nominated superannuation fund by their employer.
          • An independent contractor pays their own superannuation (note: in some circumstances independent contractors may be entitled to be paid superannuation contributions).
        6. Tools and equipment
          • For an employee tools and equipment are generally provided by the employer, or a tool allowance is provided.
          • An independent contractor uses their own tools and equipment (i.e. the Principal should not provide the contractor with tools, equipment, a motor vehicle etc). An independent contractor does not wear any uniforms bearing the Principal's logo or business name.
          • The Principal should not lend equipment to the contractor as the contractor could use the Principal's equipment as security to obtain finance under the Personal Property Securities Act 2009 (Cth).  This Act governs "mortgages" or charges over chattels.
        7. Tax
          • An employee has income tax deducted by their employer.
          • An independent contractor pays their own tax and GST to the Australian Taxation Office.
        8. Method of payment
          • An employee is paid regularly (for example, weekly / fortnightly / monthly).
          • An independent contractor has obtained an ABN and submits an invoice for work completed or is paid at the end of the contract or project.
        9. Leave
          • An employee is entitled to receive paid leave (for example, annual leave, personal/carers' leave, long service leave) or receive a loading in lieu of leave entitlements in the case of casual employees.
          • An independent contractor does not receive paid leave.

        This hint is provided by Law Central Legal.


        #

      • Contractor Details

        The Contractor is the person or company hired by the Principal to perform services for and on behalf of the Principal.

        If the Contractor is Human / Human Trustee: insert the Contractor's first name into the First Name field, the Contractor's middle name into the Middle Name field and the Contractor's surname in the Last Name field.

        (Eg: Fred John Smith)

        If the Contractor is a Company / Company Trustee: insert the name of the Company into the Company Name field.

        Insert the ACN (Australian Company Number) or ABN (Australian Business Number) into the ACN/ABN field. If you don't know your ACN/ABN then put in some full stops ............................. and handwrite it in later.

        (Eg: "Olympus Pty Ltd ACN 123 456 789" or "Olympus Pty Ltd ACN .............................")

        If the Contractor is a Partnership: insert the Contractor's first name into the First Name field, the Contractor's middle name into the Middle Name field and the Contractor's surname in the Last Name field, then click "Add" to add another partner. The words "(a firm)" will automatically be inserted into the Agreement.

        (Eg: "Dr James Smith and Dr Eli Gabby (a firm)")

        This hint is provided by Law Central Legal.


        #

      • Can I insert a business name as a party to the Agreement?

        No. Only legal entities like a human, company or incorporated association can be a party to the Agreement.

        (Eg: Olympus Pty Ltd trading as Olympus Seafood. "Olympus Seafood" is a business name, whilst "Olympus Pty Ltd" is the legal entity capable of entering into contracts).

        This hint is provided by Law Central Legal.


        #

      • What is an ACN?

        Under the Corporations Act 2001 (Cth), every company in Australia has been issued with a unique nine-digit number known as an Australian Company Number (ACN), which must be shown on a range of documents. The purpose of the ACN is to ensure adequate identification of companies when transacting business. New companies are issued with numbers by the Australian Securities & Investments Commission (ASIC) upon registration.

        A company's ACN should appear on all of its "public documents" and "eligible negotiable instruments," including but not limited to the following:

        • all documents required to be lodged with ASIC;

        • statements of account, including invoices;

        • receipts (which are not machine-produced);

        • orders for goods and services;

        • business letterheads;

        • official company notices;

        • cheques, promissory notes and bills of exchange; and

        • written advertisements making a specific offer which is capable of being accepted (such as by the completion of an order form).

        This hint is provided by Law Central Legal.


        #

      • What if I don't have an ACN?

        If you do not have an ACN, then you can insert your Australian business number (ABN) into the ACN/ABN field.

        The Australian business number (ABN) is a unique 11 digit identifier that makes it easier for businesses and all levels of government to interact.

        It is not compulsory to have an ABN, but it is an essential component for businesses to operate within the goods and services (GST) system. If you are registered for GST, you will need to put your ABN on your invoices to make them "tax invoices".

        This hint is provided by Law Central Legal.


        #

      Commencement Date

      • What is the commencement date?

        There is a difference between when an agreement starts/commences and the date when the agreement is signed (note: the two dates can be the same).

        The "Commencement Date" is the date when the Principal would like the Contractor to start performing the work required. The date on the signing page is the actual day when both parties sign the agreement.

        This hint is provided by Law Central Legal.


        #

      • What is a "Contract for Services"?

        A contract for services sets out the terms of the relationship between a person requesting the services (i.e. the principal) and the person performing the services (i.e. the independent contractor). A contract for services is not an employment contract.

        Employees generally have set minimum legal entitlements (eg: annual leave, sick leave and superannuation contributions to the employee's nominated superannuation fund) and are subject to the control and direction of the employer.

        Independent contractors tend to run their own businesses and are generally free to negotiate their own fees and working arrangements. Unlike employees (who work for a single employer) independent contractors may provide services to a wide range of clients.

        This hint is provided by Law Central Legal.


        #

      • What is the difference between "employees" and "contractors"?

        There are a number of factors which may contribute to determining the difference between an employee and an independent contractor. However, it is important to note that no single indicator can determine if a person is a contractor or an employee. Courts always look at the totality of the relationship between the parties when determining the status of a person's employment.


        There are some common indicators that may contribute to determining whether a person is an employee or independent contractor:


        1. Degree of control over how work is performed
          • An employee performs work, under the direction and control of their employer, on an ongoing basis.
          • An independent contractor ultimately controls how they perform the work. An independent contractor can also delegate the work to another person (i.e. sub-contract if required).
          • An independent contractor must not work exclusively for the Principal's business.
        2. Hours of work
          • An employee generally works standard or set hours (note: a casual employee's hours may vary from week to week).
          • An independent contractor decides what hours to work to complete the specific task.
        3. Expectation of work
          • An employee usually has an ongoing expectation of work (note: some employees may be engaged for a specific task or specific period).
          • An independent contractor is usually engaged for a specific task.
        4. Risk
          • An employee bears no financial risk (this is the responsibility of their employer).
          • An independent contractor bears the risk for making a profit or loss on each task. Usually bears responsibility and liability for poor work or injury sustained while performing the task. As such, contractors generally have their own insurance policy.
        5. Superannuation
          • An employee is entitled to have superannuation contributions paid into a nominated superannuation fund by their employer.
          • An independent contractor pays their own superannuation (note: in some circumstances independent contractors may be entitled to be paid superannuation contributions).
        6. Tools and equipment
          • For an employee tools and equipment are generally provided by the employer, or a tool allowance is provided.
          • An independent contractor uses their own tools and equipment (i.e. the Principal should not provide the contractor with tools, equipment, a motor vehicle etc). An independent contractor does not wear any uniforms bearing the Principal's logo or business name.
          • The Principal should not lend equipment to the contractor as the contractor could use the Principal's equipment as security to obtain finance under the Personal Property Securities Act 2009 (Cth).  This Act governs "mortgages" or charges over chattels.
        7. Tax
          • An employee has income tax deducted by their employer.
          • An independent contractor pays their own tax and GST to the Australian Taxation Office.
        8. Method of payment
          • An employee is paid regularly (for example, weekly / fortnightly / monthly).
          • An independent contractor has obtained an ABN and submits an invoice for work completed or is paid at the end of the contract or project.
        9. Leave
          • An employee is entitled to receive paid leave (for example, annual leave, personal/carers' leave, long service leave) or receive a loading in lieu of leave entitlements in the case of casual employees.
          • An independent contractor does not receive paid leave.

        This hint is provided by Law Central Legal.


        #

      Term Of Agreement

      • What is a

        A contract for services sets out the terms of the relationship between a person requesting the services (i.e. the principal) and the person performing the services (i.e. the independent contractor). A contract for services is not an employment contract.

        Employees generally have set minimum legal entitlements (eg: annual leave, sick leave and superannuation contributions to the employee’s nominated superannuation fund) and are subject to the control and direction of the employer.

        Independent contractors tend to run their own businesses and are generally free to negotiate their own fees and working arrangements. Unlike employees (who work for a single employer) independent contractors may provide services to a wide range of clients.

        This hint is provided by Law Central Legal.


        #

      • What is the difference between "employees" and "contractors"?

        There are a number of factors which may contribute to determining the difference between an employee and an independent contractor. However, it is important to note that no single indicator can determine if a person is a contractor or an employee. Courts always look at the totality of the relationship between the parties when determining the status of a person's employment.


        There are some common indicators that may contribute to determining whether a person is an employee or independent contractor:


        1. Degree of control over how work is performed
          • An employee performs work, under the direction and control of their employer, on an ongoing basis.
          • An independent contractor ultimately controls how they perform the work. An independent contractor can also delegate the work to another person (i.e. sub-contract if required).
          • An independent contractor must not work exclusively for the Principal's business.
        2. Hours of work
          • An employee generally works standard or set hours (note: a casual employee's hours may vary from week to week).
          • An independent contractor decides what hours to work to complete the specific task.
        3. Expectation of work
          • An employee usually has an ongoing expectation of work (note: some employees may be engaged for a specific task or specific period).
          • An independent contractor is usually engaged for a specific task.
        4. Risk
          • An employee bears no financial risk (this is the responsibility of their employer).
          • An independent contractor bears the risk for making a profit or loss on each task. Usually bears responsibility and liability for poor work or injury sustained while performing the task. As such, contractors generally have their own insurance policy.
        5. Superannuation
          • An employee is entitled to have superannuation contributions paid into a nominated superannuation fund by their employer.
          • An independent contractor pays their own superannuation (note: in some circumstances independent contractors may be entitled to be paid superannuation contributions).
        6. Tools and equipment
          • For an employee tools and equipment are generally provided by the employer, or a tool allowance is provided.
          • An independent contractor uses their own tools and equipment (i.e. the Principal should not provide the contractor with tools, equipment, a motor vehicle etc). An independent contractor does not wear any uniforms bearing the Principal's logo or business name.
          • The Principal should not lend equipment to the contractor as the contractor could use the Principal's equipment as security to obtain finance under the Personal Property Securities Act 2009 (Cth).  This Act governs "mortgages" or charges over chattels.
        7. Tax
          • An employee has income tax deducted by their employer.
          • An independent contractor pays their own tax and GST to the Australian Taxation Office.
        8. Method of payment
          • An employee is paid regularly (for example, weekly / fortnightly / monthly).
          • An independent contractor has obtained an ABN and submits an invoice for work completed or is paid at the end of the contract or project.
        9. Leave
          • An employee is entitled to receive paid leave (for example, annual leave, personal/carers' leave, long service leave) or receive a loading in lieu of leave entitlements in the case of casual employees.
          • An independent contractor does not receive paid leave.

        This hint is provided by Law Central Legal.


        #

      Specific Term

      • What is a "Contract for Services"?

        A contract for services sets out the terms of the relationship between a person requesting the services (i.e. the principal) and the person performing the services (i.e. the independent contractor). A contract for services is not an employment contract.

        Employees generally have set minimum legal entitlements (eg: annual leave, sick leave and superannuation contributions to the employee’s nominated superannuation fund) and are subject to the control and direction of the employer.

        Independent contractors tend to run their own businesses and are generally free to negotiate their own fees and working arrangements. Unlike employees (who work for a single employer) independent contractors may provide services to a wide range of clients.

        This hint is provided by Law Central Legal.


        #

      • What is the difference between "employees" and "contractors"?

        There are a number of factors which may contribute to determining the difference between an employee and an independent contractor. However, it is important to note that no single indicator can determine if a person is a contractor or an employee. Courts always look at the totality of the relationship between the parties when determining the status of a person's employment.


        There are some common indicators that may contribute to determining whether a person is an employee or independent contractor:


        1. Degree of control over how work is performed
          • An employee performs work, under the direction and control of their employer, on an ongoing basis.
          • An independent contractor ultimately controls how they perform the work. An independent contractor can also delegate the work to another person (i.e. sub-contract if required).
          • An independent contractor must not work exclusively for the Principal's business.
        2. Hours of work
          • An employee generally works standard or set hours (note: a casual employee's hours may vary from week to week).
          • An independent contractor decides what hours to work to complete the specific task.
        3. Expectation of work
          • An employee usually has an ongoing expectation of work (note: some employees may be engaged for a specific task or specific period).
          • An independent contractor is usually engaged for a specific task.
        4. Risk
          • An employee bears no financial risk (this is the responsibility of their employer).
          • An independent contractor bears the risk for making a profit or loss on each task. Usually bears responsibility and liability for poor work or injury sustained while performing the task. As such, contractors generally have their own insurance policy.
        5. Superannuation
          • An employee is entitled to have superannuation contributions paid into a nominated superannuation fund by their employer.
          • An independent contractor pays their own superannuation (note: in some circumstances independent contractors may be entitled to be paid superannuation contributions).
        6. Tools and equipment
          • For an employee tools and equipment are generally provided by the employer, or a tool allowance is provided.
          • An independent contractor uses their own tools and equipment (i.e. the Principal should not provide the contractor with tools, equipment, a motor vehicle etc). An independent contractor does not wear any uniforms bearing the Principal's logo or business name.
          • The Principal should not lend equipment to the contractor as the contractor could use the Principal's equipment as security to obtain finance under the Personal Property Securities Act 2009 (Cth).  This Act governs "mortgages" or charges over chattels.
        7. Tax
          • An employee has income tax deducted by their employer.
          • An independent contractor pays their own tax and GST to the Australian Taxation Office.
        8. Method of payment
          • An employee is paid regularly (for example, weekly / fortnightly / monthly).
          • An independent contractor has obtained an ABN and submits an invoice for work completed or is paid at the end of the contract or project.
        9. Leave
          • An employee is entitled to receive paid leave (for example, annual leave, personal/carers' leave, long service leave) or receive a loading in lieu of leave entitlements in the case of casual employees.
          • An independent contractor does not receive paid leave.

        This hint is provided by Law Central Legal.


        #

      Service being provided

      • What are the Services being provided?

        The Services include all work required to be undertaken by the Contractor for and on behalf of the Principal.

        The Principal should insert a very detailed description of the Services to be provided by the Contractor.  The more detail provided, the less likely there is to be a dispute between the parties as to the scope of the services or whether the Contractor has performed the Services in accordance with the Principal’s requirements.

        The description of Services can refer to other documents (eg: scope of work, plans, diagrams, specifications etc.)  However, these documents must be attached to each copy of the signed Agreement and identified by an annexure letter or number (i.e. “Annexure 1” or “Annexure A”).

        E.g. (2 documents attached): “The Services are described in the Scope of Works attached as Annexure A, and must be performed in accordance with the terms of this Agreement and the Specifications attached as Annexure B.”

        E.g. (3 documents attached): “The Services are described in the Scope of Works attached as Annexure A, and must be performed in accordance with the terms of this Agreement, the Specifications attached as Annexure B and the Safety Management Plan attached as Annexure C.”

        This hint is provided by Law Central Legal.


        #

      • What is a "Contract for Services"?

        A contract for services sets out the terms of the relationship between a person requesting the services (i.e. the principal) and the person performing the services (i.e. the independent contractor). A contract for services is not an employment contract.

        Employees generally have set minimum legal entitlements (eg: annual leave, sick leave and superannuation contributions to the employee’s nominated superannuation fund) and are subject to the control and direction of the employer.

        Independent contractors tend to run their own businesses and are generally free to negotiate their own fees and working arrangements. Unlike employees (who work for a single employer) independent contractors may provide services to a wide range of clients.

        This hint is provided by Law Central Legal.


        #

      • Are there any confidentiality clauses?

        Yes – there is a clause in the agreement which places an obligation on the contractor to keep the Principal’s business, the terms of the agreement and all "Confidential Information" confidential.

        "Confidential Information" includes information that is not already in the public domain which relates to or is connected with:

        1. marketing procedures, techniques or confidential information, including information relating to production figures, the financial records and identity of customers, suppliers and agents of the Principal’s business, accounting procedures, employee details or any other information of any nature whatsoever;

        2. any technical information, specifications, discoveries, inventions (whether patentable or not), copyright, technical data, know how, trade secrets, confidential information, manufacturing processes, models, drawings, sketches, notes, reports, formulae, designs and matters of a technical nature; and

        3. research and development information.

        The Contractor's confidentiality obligation continues even after the agreement terminates.

        This hint is provided by Law Central Legal.


        #

      Services Listed

      • What are the Services being provided?

        The Services include all work required to be undertaken by the Contractor for and on behalf of the Principal.

        The Principal should insert a very detailed description of the Services to be provided by the Contractor.  The more detail provided, the less likely there is to be a dispute between the parties as to the scope of the services or whether the Contractor has performed the Services in accordance with the Principal’s requirements.

        The description of Services can refer to other documents (eg: scope of work, plans, diagrams, specifications etc.)  However, these documents must be attached to each copy of the signed Agreement and identified by an annexure letter or number (i.e. “Annexure 1” or “Annexure A”).

        E.g. (2 documents attached): “The Services are described in the Scope of Works attached as Annexure A, and must be performed in accordance with the terms of this Agreement and the Specifications attached as Annexure B.”

        E.g. (3 documents attached): “The Services are described in the Scope of Works attached as Annexure A, and must be performed in accordance with the terms of this Agreement, the Specifications attached as Annexure B and the Safety Management Plan attached as Annexure C.”

        This hint is provided by Law Central Legal.


        #

      • What is a "Contract for Services"?

        A contract for services sets out the terms of the relationship between a person requesting the services (i.e. the principal) and the person performing the services (i.e. the independent contractor). A contract for services is not an employment contract.

        Employees generally have set minimum legal entitlements (eg: annual leave, sick leave and superannuation contributions to the employee’s nominated superannuation fund) and are subject to the control and direction of the employer.

        Independent contractors tend to run their own businesses and are generally free to negotiate their own fees and working arrangements. Unlike employees (who work for a single employer) independent contractors may provide services to a wide range of clients.

        This hint is provided by Law Central Legal.


        #

      • Are there any confidentiality clauses?

        Yes – there is a clause in the agreement which places an obligation on the contractor to keep the Principal’s business, the terms of the agreement and all "Confidential Information" confidential.

        "Confidential Information" includes information that is not already in the public domain which relates to or is connected with:

        1. marketing procedures, techniques or confidential information, including information relating to production figures, the financial records and identity of customers, suppliers and agents of the Principal’s business, accounting procedures, employee details or any other information of any nature whatsoever;

        2. any technical information, specifications, discoveries, inventions (whether patentable or not), copyright, technical data, know how, trade secrets, confidential information, manufacturing processes, models, drawings, sketches, notes, reports, formulae, designs and matters of a technical nature; and

        3. research and development information.

        The Contractor's confidentiality obligation continues even after the agreement terminates.

        This hint is provided by Law Central Legal.


        #

      • It will take me over 10 minutes to answer this question

        For your protection and security your connection to www.lawcentral.com.au times out every 10 minutes if you haven't pressed "next" or had some activity. So, to save you time, you may want to consider typing up and saving on your own computer (say for example in word or notepad) what you want to say in the document before you start to build it. That way, if your session does expire for non-activity, you will still have a copy of your text.

        This hint is provided by Law Central Legal.


        #

      Services referenced in Annexure

      • What are the Services being provided?

        The Services include all work required to be undertaken by the Contractor for and on behalf of the Principal.

        The Principal should insert a very detailed description of the Services to be provided by the Contractor.  The more detail provided, the less likely there is to be a dispute between the parties as to the scope of the services or whether the Contractor has performed the Services in accordance with the Principal’s requirements.

        The description of Services can refer to other documents (eg: scope of work, plans, diagrams, specifications etc.)  However, these documents must be attached to each copy of the signed Agreement and identified by an annexure letter or number (i.e. “Annexure 1” or “Annexure A”).

        E.g. (2 documents attached): “The Services are described in the Scope of Works attached as Annexure A, and must be performed in accordance with the terms of this Agreement and the Specifications attached as Annexure B.”

        E.g. (3 documents attached): “The Services are described in the Scope of Works attached as Annexure A, and must be performed in accordance with the terms of this Agreement, the Specifications attached as Annexure B and the Safety Management Plan attached as Annexure C.”

        This hint is provided by Law Central Legal.


        #

      • What is a "Contract for Services"?

        A contract for services sets out the terms of the relationship between a person requesting the services (i.e. the principal) and the person performing the services (i.e. the independent contractor). A contract for services is not an employment contract.

        Employees generally have set minimum legal entitlements (eg: annual leave, sick leave and superannuation contributions to the employee’s nominated superannuation fund) and are subject to the control and direction of the employer.

        Independent contractors tend to run their own businesses and are generally free to negotiate their own fees and working arrangements. Unlike employees (who work for a single employer) independent contractors may provide services to a wide range of clients.

        This hint is provided by Law Central Legal.


        #

      • Are there any confidentiality clauses?

        Yes – there is a clause in the agreement which places an obligation on the contractor to keep the Principal’s business, the terms of the agreement and all "Confidential Information" confidential.

        "Confidential Information" includes information that is not already in the public domain which relates to or is connected with:

        1. marketing procedures, techniques or confidential information, including information relating to production figures, the financial records and identity of customers, suppliers and agents of the Principal’s business, accounting procedures, employee details or any other information of any nature whatsoever;

        2. any technical information, specifications, discoveries, inventions (whether patentable or not), copyright, technical data, know how, trade secrets, confidential information, manufacturing processes, models, drawings, sketches, notes, reports, formulae, designs and matters of a technical nature; and

        3. research and development information.

        The Contractor's confidentiality obligation continues even after the agreement terminates.

        This hint is provided by Law Central Legal.


        #

      Fee Details

      • What is the Fee payable to the Contractor?

        This is the amount of money payable by the Principal to the Contractor in consideration of receiving the Services (to the Principal's satisfaction).

        The Fee may be expressed as one lump sum or as an hourly rate with a total maximum amount payable. If the Contractor is registered to collect GST, you should specify whether the Fees are inclusive or exclusive of GST.

        This hint is provided by Law Central Legal.


        #

      • How often will the Fees be paid?

        State how often or when payments are to be made (i.e. daily, weekly, fortnightly, monthly etc).

        This hint is provided by Law Central Legal.


        #

      • What is GST?

        Goods and Services Tax (GST) is a broad based tax on the supply of most goods and services consumed or supplied in Australia. The GST rate is currently 10%.

        Once an entity is registered, GST will be payable on most goods and services it sells or supplies in the course of its business.

        Registered entities will include GST in the price of the things their customers purchase or acquire (acquisitions) for their own businesses. However, their customers may be entitled to claim input tax credits from the Australian Taxation Office (ATO) if they are registered for GST and the acquisitions are for a creditable purpose (these are known as creditable acquisitions).

        Input tax credits can only be claimed if an entity has an ABN, is registered for GST and the supplier they bought supplies from is registered for GST and shows its ABN on tax invoices.

        This hint is provided by Law Central Legal.


        #

      • What is a valid tax invoice?

        A valid tax invoice is a document that meets all of the following requirements:

        • it is issued by the supplier (i.e. the Contractor) unless it is a recipient created tax invoice (RCTI);

        • it contains enough information to enable the following to be clearly identified:

          • the supplier's identity and ABN;

          • a brief description of what is sold/supplied including the quantity and/or price of what is sold/supplied;

          • the extent to which each sale is a taxable sale (this can be shown separately or, if the GST to be paid is exactly one-eleventh of the total price, as a statement such as "total price includes GST");

          • the date the document is issued;

          • the amount of GST (if any) payable for each sale;

          • if the document was issued by the recipient (i.e. the Principal) and GST is payable for any sale – that the GST is payable by the supplier;and

          • that the document was intended to be a tax invoice or an RCTI if it was issued by the recipient;and

          • If the total price of the sale is at least $1,000, or if the document was issued by the recipient, the recipient's identity or ABN must be able to be clearly identified.

        Please refer to the useful link - How to set out Tax Invoices and Invoices http://www.ato.gov.au/Business/Record-keeping/In-detail/A-basic-paper-record-keeping-system/How-to-set-out-tax-invoices-and-invoices/

        If a document issued by a supplier does not contain all of the required information, you may treat that document as a valid tax invoice if the missing information can be clearly identified from other documents provided by the supplier.

        This hint is provided by Law Central Legal.


        #

      Hourly Rate

      • What is the Fee payable to the Contractor?

        This is the amount of money payable by the Principal to the Contractor in consideration of receiving the Services (to the Principal's satisfaction).

        The Fee may be expressed as one lump sum or as an hourly rate with a total maximum amount payable. If the Contractor is registered to collect GST, you should specify whether the Fees are inclusive or exclusive of GST.

        This hint is provided by Law Central Legal.


        #

      • How often will the Fees be paid?

        State how often or when payments are to be made (i.e. daily, weekly, fortnightly, monthly etc).

        This hint is provided by Law Central Legal.


        #

      • What is GST?

        Goods and Services Tax (GST) is a broad based tax on the supply of most goods and services consumed or supplied in Australia. The GST rate is currently 10%.

        Once an entity is registered, GST will be payable on most goods and services it sells or supplies in the course of its business.

        Registered entities will include GST in the price of the things their customers purchase or acquire (acquisitions) for their own businesses. However, their customers may be entitled to claim input tax credits from the Australian Taxation Office (ATO) if they are registered for GST and the acquisitions are for a creditable purpose (these are known as creditable acquisitions).

        Input tax credits can only be claimed if an entity has an ABN, is registered for GST and the supplier they bought supplies from is registered for GST and shows its ABN on tax invoices.

        This hint is provided by Law Central Legal.


        #

      • What is a valid tax invoice?

        A valid tax invoice is a document that meets all of the following requirements:

        • it is issued by the supplier (i.e. the Contractor) unless it is a recipient created tax invoice (RCTI);

        • it contains enough information to enable the following to be clearly identified:

          • the supplier's identity and ABN;

          • a brief description of what is sold/supplied including the quantity and/or price of what is sold/supplied;

          • the extent to which each sale is a taxable sale (this can be shown separately or, if the GST to be paid is exactly one-eleventh of the total price, as a statement such as "total price includes GST");

          • the date the document is issued;

          • the amount of GST (if any) payable for each sale;

          • if the document was issued by the recipient (i.e. the Principal) and GST is payable for any sale – that the GST is payable by the supplier;and

          • that the document was intended to be a tax invoice or an RCTI if it was issued by the recipient;and

          • If the total price of the sale is at least $1,000, or if the document was issued by the recipient, the recipient's identity or ABN must be able to be clearly identified.

        Please refer to the useful link - How to set out Tax Invoices and Invoices http://www.ato.gov.au/Business/Record-keeping/In-detail/A-basic-paper-record-keeping-system/How-to-set-out-tax-invoices-and-invoices/

        If a document issued by a supplier does not contain all of the required information, you may treat that document as a valid tax invoice if the missing information can be clearly identified from other documents provided by the supplier.

        This hint is provided by Law Central Legal.


        #

      Set Amount

      • What is the Fee payable to the Contractor?

        This is the amount of money payable by the Principal to the Contractor in consideration of receiving the Services (to the Principal's satisfaction).

        The Fee may be expressed as one lump sum or as an hourly rate with a total maximum amount payable. If the Contractor is registered to collect GST, you should specify whether the Fees are inclusive or exclusive of GST.

        This hint is provided by Law Central Legal.


        #

      • How often will the Fees be paid?

        State how often or when payments are to be made (i.e. daily, weekly, fortnightly, monthly etc).

        This hint is provided by Law Central Legal.


        #

      • What is GST?

        Goods and Services Tax (GST) is a broad based tax on the supply of most goods and services consumed or supplied in Australia. The GST rate is currently 10%.

        Once an entity is registered, GST will be payable on most goods and services it sells or supplies in the course of its business.

        Registered entities will include GST in the price of the things their customers purchase or acquire (acquisitions) for their own businesses. However, their customers may be entitled to claim input tax credits from the Australian Taxation Office (ATO) if they are registered for GST and the acquisitions are for a creditable purpose (these are known as creditable acquisitions).

        Input tax credits can only be claimed if an entity has an ABN, is registered for GST and the supplier they bought supplies from is registered for GST and shows its ABN on tax invoices.

        This hint is provided by Law Central Legal.


        #

      • What is a valid tax invoice?

        A valid tax invoice is a document that meets all of the following requirements:

        • it is issued by the supplier (i.e. the Contractor) unless it is a recipient created tax invoice (RCTI);

        • it contains enough information to enable the following to be clearly identified:

          • the supplier's identity and ABN;

          • a brief description of what is sold/supplied including the quantity and/or price of what is sold/supplied;

          • the extent to which each sale is a taxable sale (this can be shown separately or, if the GST to be paid is exactly one-eleventh of the total price, as a statement such as "total price includes GST");

          • the date the document is issued;

          • the amount of GST (if any) payable for each sale;

          • if the document was issued by the recipient (i.e. the Principal) and GST is payable for any sale – that the GST is payable by the supplier;and

          • that the document was intended to be a tax invoice or an RCTI if it was issued by the recipient;and

          • If the total price of the sale is at least $1,000, or if the document was issued by the recipient, the recipient's identity or ABN must be able to be clearly identified.

        Please refer to the useful link - How to set out Tax Invoices and Invoices http://www.ato.gov.au/Business/Record-keeping/In-detail/A-basic-paper-record-keeping-system/How-to-set-out-tax-invoices-and-invoices/

        If a document issued by a supplier does not contain all of the required information, you may treat that document as a valid tax invoice if the missing information can be clearly identified from other documents provided by the supplier.

        This hint is provided by Law Central Legal.


        #

      Payment Details

      • What is the Fee payable to the Contractor?

        This is the amount of money payable by the Principal to the Contractor in consideration of receiving the Services (to the Principal's satisfaction).

        The Fee may be expressed as one lump sum or as an hourly rate with a total maximum amount payable. If the Contractor is registered to collect GST, you should specify whether the Fees are inclusive or exclusive of GST.

        This hint is provided by Law Central Legal.


        #

      • How often will the Fees be paid?

        State how often or when payments are to be made (i.e. daily, weekly, fortnightly, monthly etc).

        This hint is provided by Law Central Legal.


        #

      • What is GST?

        Goods and Services Tax (GST) is a broad based tax on the supply of most goods and services consumed or supplied in Australia. The GST rate is currently 10%.

        Once an entity is registered, GST will be payable on most goods and services it sells or supplies in the course of its business.

        Registered entities will include GST in the price of the things their customers purchase or acquire (acquisitions) for their own businesses. However, their customers may be entitled to claim input tax credits from the Australian Taxation Office (ATO) if they are registered for GST and the acquisitions are for a creditable purpose (these are known as creditable acquisitions).

        Input tax credits can only be claimed if an entity has an ABN, is registered for GST and the supplier they bought supplies from is registered for GST and shows its ABN on tax invoices.

        This hint is provided by Law Central Legal.


        #

      • What is a valid tax invoice?

        A valid tax invoice is a document that meets all of the following requirements:

        • it is issued by the supplier (i.e. the Contractor) unless it is a recipient created tax invoice (RCTI);

        • it contains enough information to enable the following to be clearly identified:

          • the supplier's identity and ABN;

          • a brief description of what is sold/supplied including the quantity and/or price of what is sold/supplied;

          • the extent to which each sale is a taxable sale (this can be shown separately or, if the GST to be paid is exactly one-eleventh of the total price, as a statement such as "total price includes GST");

          • the date the document is issued;

          • the amount of GST (if any) payable for each sale;

          • if the document was issued by the recipient (i.e. the Principal) and GST is payable for any sale – that the GST is payable by the supplier;and

          • that the document was intended to be a tax invoice or an RCTI if it was issued by the recipient;and

          • If the total price of the sale is at least $1,000, or if the document was issued by the recipient, the recipient's identity or ABN must be able to be clearly identified.

        Please refer to the useful link - How to set out Tax Invoices and Invoices http://www.ato.gov.au/Business/Record-keeping/In-detail/A-basic-paper-record-keeping-system/How-to-set-out-tax-invoices-and-invoices/

        If a document issued by a supplier does not contain all of the required information, you may treat that document as a valid tax invoice if the missing information can be clearly identified from other documents provided by the supplier.

        This hint is provided by Law Central Legal.


        #

      Insurance Details

      • What is public liability insurance?

        Public liability insurance covers you and your business for losses or damage a third party suffers (or claims to have suffered) as a result of your business activities.

        It provides protection against legal and court costs (i.e. legal liability) in the event that someone is injured or has their property damaged while you are providing a service to them. This type of insurance covers incidents that occur not only in your studio, but also at events you may produce in external locations.

        This hint is provided by Law Central Legal.


        #

      Dispute Resolution Details

      • What is mediation?

        Mediation is a voluntary and confidential process which helps people:

        • identify issues in dispute;

        • think of ways to resolve the issues;

        • consider alternatives;and

        • work together to reach an agreement.


        Unlike arbitration, the mediator(s) do not take sides or impose a judgement but control how the mediation is run so the parties can focus on their dispute and each take responsibility for the outcome.

        This hint is provided by Law Central Legal.


        #

      • What is arbitration?

        Arbitration is a formal dispute resolution process in which two or more parties refer their dispute to an independent third person (i.e. the arbitrator) for determination. Unlike a mediator, an arbitrator will review each party's submissions and make a final and binding determination with respect to the dispute.

        Providing that the arbitration is conducted according to the principles of natural justice its procedures may be varied by the parties to suit the size and complexity of their dispute.

        This hint is provided by Law Central Legal.


        #

      Dispute Resolution

      • What is arbitration?

        Arbitration is a formal dispute resolution process in which two or more parties refer their dispute to an independent third person (i.e. the arbitrator) for determination. Unlike a mediator, an arbitrator will review each party's submissions and make a final and binding determination with respect to the dispute.

        Providing that the arbitration is conducted according to the principles of natural justice its procedures may be varied by the parties to suit the size and complexity of their dispute.

        This hint is provided by Law Central Legal.


        #

      • What is mediation?

        Mediation is a voluntary and confidential process which helps people:

        • identify issues in dispute;

        • think of ways to resolve the issues;

        • consider alternatives;and

        • work together to reach an agreement.


        Unlike arbitration, the mediator(s) do not take sides or impose a judgement but control how the mediation is run so the parties can focus on their dispute and each take responsibility for the outcome.

        This hint is provided by Law Central Legal.


        #

      Special Conditions

      • What are special conditions?

        These are terms which form part of the Agreement and usually contain additional rights and obligations not already referred to in the agreement, or special requirements of a particular party).

        Eg: for example if the Principal wants the Agreement to deal with set off then the Principal may wish to include the following special condition:

        "1. Set off

        Without limiting the Principal's rights under any other provision in the Agreement, the Principal may deduct from any monies due to the Contractor any sum which is payable by the Contractor to the Principal, whether or not the Principal's right to payment arises by way of damages, debt, restitution or otherwise and whether or not the factual basis giving rise to the Principal's right to payment arises out of this Agreement, any other contract, or is independent of any contract.

        Nothing in this clause shall affect the right of the Principal to recover from the Contractor the whole of such monies or any balance that remains owing."


        The special conditions will take precedence over all other terms of the Agreement (i.e. if a special condition clashes with a term of the agreement then the special condition will "trump" the other term).

        When drafting special conditions, you should use the definitions used in the Independent Contractors Agreement (i.e. instead of use the term "agreement" you would capitalise it in accordance with the definition section of the Independent Contractors Agreement).

        This hint is provided by Law Central Legal.


        #

      • Do you have any policies or practice manuals?

        If you have any policies or procedures which the contractor should follow, these should be provided to the contractor to consider before the contractor is required to sign the Independent Contractors Agreement.

        This hint is provided by Law Central Legal.


        #

      Special Conditions Described

      • What are special conditions?

        These are terms which form part of the Agreement and usually contain additional rights and obligations not already referred to in the agreement, or special requirements of a particular party).

        Eg: for example if the Principal wants the Agreement to deal with set off then the Principal may wish to include the following special condition:

        "1. Set off

        Without limiting the Principal's rights under any other provision in the Agreement, the Principal may deduct from any monies due to the Contractor any sum which is payable by the Contractor to the Principal, whether or not the Principal's right to payment arises by way of damages, debt, restitution or otherwise and whether or not the factual basis giving rise to the Principal's right to payment arises out of this Agreement, any other contract, or is independent of any contract.

        Nothing in this clause shall affect the right of the Principal to recover from the Contractor the whole of such monies or any balance that remains owing."


        The special conditions will take precedence over all other terms of the Agreement (i.e. if a special condition clashes with a term of the agreement then the special condition will "trump" the other term).

        When drafting special conditions, you should use the definitions used in the Independent Contractors Agreement (i.e. instead of use the term "agreement" you would capitalise it in accordance with the definition section of the Independent Contractors Agreement).

        This hint is provided by Law Central Legal.


        #

      • Do you have any policies or practice manuals?

        If you have any policies or procedures which the contractor should follow, these should be provided to the contractor to consider before the contractor is required to sign the Independent Contractors Agreement.

        This hint is provided by Law Central Legal.


        #

      Special Conditions Listed

      • What are special conditions?

        These are terms which form part of the Agreement and usually contain additional rights and obligations not already referred to in the agreement, or special requirements of a particular party).

        Eg: for example if the Principal wants the Agreement to deal with set off then the Principal may wish to include the following special condition:

        "1. Set off

        Without limiting the Principal's rights under any other provision in the Agreement, the Principal may deduct from any monies due to the Contractor any sum which is payable by the Contractor to the Principal, whether or not the Principal's right to payment arises by way of damages, debt, restitution or otherwise and whether or not the factual basis giving rise to the Principal's right to payment arises out of this Agreement, any other contract, or is independent of any contract.

        Nothing in this clause shall affect the right of the Principal to recover from the Contractor the whole of such monies or any balance that remains owing."


        The special conditions will take precedence over all other terms of the Agreement (i.e. if a special condition clashes with a term of the agreement then the special condition will "trump" the other term).

        When drafting special conditions, you should use the definitions used in the Independent Contractors Agreement (i.e. instead of use the term "agreement" you would capitalise it in accordance with the definition section of the Independent Contractors Agreement).

        This hint is provided by Law Central Legal.


        #

      • Do you have any policies or practice manuals?

        If you have any policies or procedures which the contractor should follow, these should be provided to the contractor to consider before the contractor is required to sign the Independent Contractors Agreement.

        This hint is provided by Law Central Legal.


        #

      • It will take me over 10 minutes to answer this question

        For your protection and security your connection to www.lawcentral.com.au times out every 10 minutes if you haven't pressed "next" or had some activity. So, to save you time, you may want to consider typing up and saving on your own computer (say for example in word or notepad) what you want to say in the document before you start to build it. That way, if your session does expire for non-activity, you will still have a copy of your text.

        This hint is provided by Law Central Legal.


        #

      Special Conditions Referenced in Annexure

      • What are special conditions?

        These are terms which form part of the Agreement and usually contain additional rights and obligations not already referred to in the agreement, or special requirements of a particular party).

        Eg: for example if the Principal wants the Agreement to deal with set off then the Principal may wish to include the following special condition:

        "1. Set off

        Without limiting the Principal's rights under any other provision in the Agreement, the Principal may deduct from any monies due to the Contractor any sum which is payable by the Contractor to the Principal, whether or not the Principal's right to payment arises by way of damages, debt, restitution or otherwise and whether or not the factual basis giving rise to the Principal's right to payment arises out of this Agreement, any other contract, or is independent of any contract.

        Nothing in this clause shall affect the right of the Principal to recover from the Contractor the whole of such monies or any balance that remains owing."


        The special conditions will take precedence over all other terms of the Agreement (i.e. if a special condition clashes with a term of the agreement then the special condition will "trump" the other term).

        When drafting special conditions, you should use the definitions used in the Independent Contractors Agreement (i.e. instead of use the term "agreement" you would capitalise it in accordance with the definition section of the Independent Contractors Agreement).

        This hint is provided by Law Central Legal.


        #

      • Do you have any policies or practice manuals?

        If you have any policies or procedures which the contractor should follow, these should be provided to the contractor to consider before the contractor is required to sign the Independent Contractors Agreement.

        This hint is provided by Law Central Legal.


        #

  • This document has been prepared by Law Central Legal

    Law Central Legal

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