Contract Details

Take out the Guesswork with Business Chamber Queensland's Independent Contractor Contract

This year, the High Court has handed down two decisions about independent contracting relationships, finding contractual terms are the main focus when assessing contracting relationships.

This means businesses have been afforded the opportunity for greater clarity and greater peace of mind when engaging contractors to rely on well drafted contractual agreements with less risk of claims for employee entitlements.

Avoid risk of a claim entitlement

Business Chamber Queensland’s Independent Contractor Precedent Contracts have been developed in response to the High Court decisions to give businesses greater peace of mind when engaging contractors.

Formal Contracting Agreement with a Corporate Contractor (Engaging a business)

A formal contract is written to be valid and enforceable. These contracts must be sealed and act as a negotiable instrument and are not considered legal unless specific language required by law is included.

Key Features

• Written to be valid and enforceable
• Must be sealed and act as a negotiable instrument
• Not considered legal unless specific language required by law is included
• If you enter into a sealed contract, you are bound by that contract unless the contract is destroyed

Informal Contracting Agreement with a Corporate Contractor

An informal contract is a type of agreement that will not require legal intervention to be considered enforceable. They are different from formal contracts because they do not need to be sealed or witnessed.

Key Features

• In most cases, an Informal Contracting Agreement will suffice
• Formal Agreements impose more control over the contractor and provide less flexibility
• A formal contract does not offer significantly more legal protection than an informal contract

Informal contracting agreement with an Individual (Sole Trader)

An informal contract is a type of agreement that will not require legal intervention to be considered enforceable. They are different from formal contracts because they do not need to be sealed or witnessed.

Key Features

• In most cases, an Informal Contracting Agreement will suffice
• Formal Agreements impose more control over the contractor and provide less flexibility
• A formal contract does not offer significantly more legal protection than an informal contract

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Further terms

To the extent permitted by law, Queensland Chamber of Commerce and Industry Limited’s (us/ our) liability to you in relation to breach of any term, condition, warranty or any other legal obligation relating to provision of these services is limited to the amount of fees paid by you to us pursuant to this agreement (excluding any GST). Where any legislation voids or prohibits a provision in this agreement which excludes or modifies any term, condition, guarantee or warranty (Obligation) imposed by law, that Obligation will be deemed included in this Agreement to the extent that the law requires. Our liability for breach of such Obligations will be limited to the minimum liability permitted by law and where permitted, at our option, to providing the services again or payment of the costs of having the services delivered by another party.