Company Constitution Australia
Constitution drafted to displace the replaceable rules under s.135(2) Corporations Act 2001, with s.201D director consents and s.169 member register included.
Most business disputes are boring. Not dramatic. Just a deal that moved faster than the paperwork, or a founder who assumed everyone "was on the same page". Then someone leaves, a client refuses to pay, or an investor asks for documents you do not have.
This category is for the moments where you want to move quickly, but you also want your position to hold up if things get tense. The templates are drafted for Australian small businesses and reflect the way deals are actually done here, under the Corporations Act 2001 (Cth) and everyday contract law.
If you are running a Pty Ltd, hiring contractors, sharing confidential information, or selling services to consumers, you are already in legal territory. The question is whether you are travelling with a map.
Constitution drafted to displace the replaceable rules under s.135(2) Corporations Act 2001, with s.201D director consents and s.169 member register included.
Vary employment terms under the Fair Work Act 2009: genuine consent, consideration and deed of variation options covered. Editable Word and PDF.
NDA template drafted to Australian breach of confidence law (Coco v AN Clark) and the Corporations Act 2001, with Victorian NDA Act carve-out. Word & PDF.
Partnership agreement drafted to the Partnership Act 1892 (NSW), 1958 (Vic) and state equivalents. Displaces equal-split and dissolution defaults.
APP privacy policy drafted to s.APP 1.4 of the Privacy Act 1988 (Cth). Covers overseas disclosure, access, correction and complaints. OAIC-aligned. Word & PDF.
Supply agreement drafted to the Competition and Consumer Act 2010, state Sale of Goods Acts and PPSA retention of title rules. Lawyer-grade Word & PDF.
Australian service agreement drafted for the Closing Loopholes reforms: s.15AA whole-of-relationship test, s.357 sham contracting defence, IP and moral rights.
Shareholders agreement drafted to the Corporations Act 2001 (Cth), with pre-emption, reserved matters and section 232 oppression safeguards. Word and PDF.
Website terms and conditions template compliant with Australian Consumer Law. Payment, refunds, liability and consumer guarantees. Download in Word and PDF.
You are setting up a company and want the foundations right from day one. For many founders that means deciding whether to rely on the replaceable rules, adopt a constitution, and documenting how decisions get made, how shares can be transferred, and what happens when someone wants out.
You are bringing in a co-founder, early employee, advisor, or investor, and you can feel the "we trust each other" stage shifting into "we should write this down". Honestly, most fall-outs start because equity and roles were discussed in a cafe and never properly documented, then memories diverge six months later.
You are doing client work and want to stop scope creep and payment arguments. A clear services agreement (with milestones, change requests, late payment interest, and IP ownership) usually costs less than a single messy dispute, even before you factor in the time sink.
You are about to share something sensitive, like a pitch deck, customer list, pricing model, code, or manufacturing information. An NDA helps, but only if it is tailored to the real risk, for example whether disclosure is one-way or mutual, and whether you need a specific return or destruction obligation when discussions end.
For company documents, the starting point is the Corporations Act 2001 (Cth). It governs how companies are formed, how directors must act, how shares are issued and transferred, and what records you need to keep. A constitution and shareholders agreement should not fight each other. If they do, you end up arguing about which document controls the decision you are trying to make.
For trading and customer-facing contracts, the Australian Consumer Law (in the Competition and Consumer Act 2010 (Cth)) is the quiet operator that catches people out. You cannot contract out of consumer guarantees, and refund language needs to be careful. If you sell to consumers, or even to small businesses in some contexts, statements like "no refunds under any circumstances" can create real trouble, not just bad reviews.
For contractors and staff, the Fair Work Act 2009 (Cth) matters even if you never intend to hire "employees". The label is not the test. The practical relationship is. A contract that looks like employment (set hours, close control, inability to subcontract, paid like a wage) can trigger claims for leave and entitlements. The template helps you structure a genuine independent contractor arrangement, but you still need to run it that way in real life.
Common pitfalls are predictable: unsigned documents, missing schedules, vague scopes, and IP clauses that say "the client owns everything" without carving out the contractor's tools and pre-existing materials. Another repeat offender is co-founder equity with no vesting or no clear path if someone stops contributing. That is when a handshake deal becomes a valuation problem.