For Brisbane and Australian technology founders, this guide helps prepare a focused adviser brief.
A contractor engagement works more predictably when the business brief and the agreement describe the same project. Founders should settle what will be built, how completion will be judged and what happens to the work before access is granted.
This is general preparation information. Employment status, tax, IP and enforceability depend on the applicable law.
Write the project brief
Describe deliverables, milestones, acceptance criteria, fees and dependencies. Identify who can request changes and how extra work will be approved. For a software project, specify whether handover includes source code, build instructions, credentials and documentation.
For example, “build the dashboard” is difficult to assess. A list of screens, supported integrations and testable acceptance conditions gives both sides something concrete to discuss.
Check the working arrangement
Do not assume that calling someone a contractor determines their legal status. Fair Work explains that different tests apply to different arrangements, including the whole-of-relationship test for certain businesses from 26 August 2024. Fair Work independent contractors.
Record the business structure, when the relationship began, where the person works and how the arrangement operates. Ask an adviser which test applies. Do not assume that an ABN or a contract label settles employment, tax or superannuation questions.
Align ownership and access
List the contractor's background materials, third-party components and new deliverables. Ask counsel to document the intended rights. IP Australia explains that contractor-created IP generally belongs to the contractor unless the contract provides otherwise. IP Australia guidance.
Give access according to the project need. Record systems, data categories and permission owners. Confirm whether personal data or confidential customer material will be available and what additional review that triggers.
Plan the end before the beginning
Agree the handover process, unresolved defects, account access and return or deletion of materials. Designate a company employee to check completion. Keep payment milestones separate from assumptions about ownership; have counsel review how the actual terms interact.
Retain the signed engagement and the final accepted deliverables. If the project changes substantially, update the scope instead of relying on a chat message that nobody can later locate.
Read IP ownership for rights records and data-processing agreements if the engagement involves processing personal data.
General information for planning a conversation with qualified advisers. It is not legal advice for your circumstances. Scope, jurisdiction and fees are agreed before any engagement.